[Federal Register: November 26, 2003 (Volume 68, Number 228)]
[Notices]
[Page 66491-66492]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no03-114]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-500]
In the Matter of Certain Purple Protective Gloves; 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 October 23, 2003, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Kimberly-Clark Corporation of Irving, Texas and Safeskin Corporation of
Roswell, Georgia. A letter supplementing the complaint was filed on
November 17, 2003. The 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 purple
protective gloves by reason of infringement of U.S. Registered
Trademark Nos. 2,596,539, 2,533,260, and 2,593,382. 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 exclusion
order and permanent cease and desist orders.
ADDRESSES: The complaint and supplement, 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 at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Thomas Fusco, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2571.
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 November 19, 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)(C) 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 purple
protective gloves by reason of infringement of U.S. Registered
Trademark No. 2,596,539, 2,533,260, or 2,593,382, 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--
Kimberly-Clark Corporation, 351 Phelps Drive, Irving, Texas 75038.
Safeskin Corporation, 1400 Holcomb Bridge Road, Roswell, Georgia 30076.
(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:
The Delta Group, 4250 River Green Parkway, NW., Duluth, Georgia 30136.
[[Page 66492]]
Delta Hospital Supply, Inc., 31 Astor Avenue, Norwood, Massachusetts
02062.
Delta Medical Systems, Inc., 6865 Shiloh Road E., Suite 400,
Alpharetta, Georgia 30005.
Delta Medical Supply Group, Inc., 436 W. Gay Street, West Chester,
Pennsylvania 19380.
Medtexx Partners, 216 Charles Street, Hackensack, New Jersey 07601.
Latexx Partners Berhad, 62-3, Jalan 5/101C, Cheras Business Centre, Off
Jalan Kaskas, 56100 Kuala Lumpur, Malaysia.
Dash Medical Gloves, Inc., 10180 South 54th Street, Franklin, Wisconsin
53132.
(c) Thomas S. Fusco, 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 Delbert R.
Terrill, Jr. 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 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 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 that 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 that respondent.
Issued: November 20, 2003.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-29562 Filed 11-25-03; 8:45 am]
BILLING CODE 7020-02-P