[Federal Register: August 6, 2004 (Volume 69, Number 151)]
[Notices]
[Page 47955-47956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au04-97]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-518]
Notice of Investigation; Certain Ear Protection Devices
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 July 2, 2004, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
180s, Inc. and 180s, LLC of Baltimore, Maryland. An amended complaint
was filed on July 23, 2004. The amended complaint 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 ear protection devices by reason of infringement of claims 1,
3, 13, 17-19, and 21-22 of U.S. Patent No. 5,835,609. The complaint
further alleges that an industry in the United States exists as
required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a permanent general
exclusion order and permanent cease and desist orders.
ADDRESSES: The complaint and the amended complaint, except for any
confidential information contained therein, are 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 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.
FOR FURTHER INFORMATION CONTACT: Benjamin D. M. Wood, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2582.
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 August 2, 2004, Ordered That--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation will 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 ear
protection devices by reason of infringement of one or more of claims
1, 3, 13, 17-19, and 21-22 of U.S. Patent No. 5,835,609, 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--180s, Inc., 701 E. Pratt Street, Suite
180, Baltimore, Maryland 21202-3101. 180s, LLC, 701
[[Page 47956]]
E. Pratt Street, Suite 180, Baltimore, Maryland 21202-3101.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served: Ningbo Electric and Consumer Goods, Import & Export
Corp., 17/F Ling Qiao Square, 31 Yao Hang Street, Ningbo, Zhejiang
315000, China. Vollmacht Enterprise Co., Ltd., 5F, No. 360, Ruei Guang
Road, Neihu, Taipei, Taiwan. March Trading, 1239 Broadway, Room 1606,
New York, NY 10010. Alicia International, Inc., d/b/a Lincolnwood
Merchandising, 7354 N. Caldwell Avenue, Niles, IL 60714. Hebron
Imports, 4142 W. Lawrence Avenue, Chicago, IL 60630. Ross Sales, 231
Commack Road, Commack, NY 11725. Value Drugs Rock, Inc., 30 Rockefeller
Center, New York, NY 10020. Song's Wholesale, 1301-A 14th Street, NE.,
Washington, DC 20002. Wang Da, Inc. Retail and Wholesales, 230 Canal
Street, New York, NY 10013.
(c) Benjamin D. M. Wood, 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
(3) For the investigation so instituted, the Honorable Paul J.
Luckern is designated as the presiding administrative law judge.
Responses 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 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 no 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 responses to the
complaint 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 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 both an
initial determination and a final determination containing such
findings, and may result in the issuance of a limited exclusion order
or a cease and desist order or both directed against the respondent.
Issued: August 3, 2004.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-18015 Filed 8-5-04; 8:45 am]
BILLING CODE 7020-02-P