[Federal Register: January 7, 2004 (Volume 69, Number 4)]
[Notices]
[Page 936-937]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja04-58]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-503]
Certain Automated Mechanical Transmission Systems for Medium-Duty
and Heavy-Duty Trucks, and Components Thereof; Notice of Investigation
AGENCY: International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
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
Eaton Corporation of Cleveland, Ohio. A supplement to the Complaint was
filed on December 3, 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 automated mechanical transmissions for medium-
duty and heavy-duty trucks, and components thereof, by reason of
infringement of claim 15 of U.S. Patent No. 4,899,279, claims 1-20 of
U.S. Patent No. 5,335,566, claims 2-4 and 6-16 of U.S. Patent No.
5,272,939, claims 1-13 of U.S. Patent No. 5,624,350, claims 1, 3, 4, 6-
9, 11, 13, 14, 16, and 17 of U.S. Patent No. 6,149,545, and claims 1-16
of U.S. Patent No. 6,066,071. 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 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 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 automated
mechanical transmission systems for medium-duty and heavy-duty trucks,
or components thereof by reason of infringement of claim 15 of U.S.
Patent No. 4,899,279, claims 1-20 of U.S. Patent No. 5,335,566, claims
2-4 and 6-16 of U.S. Patent No. 5,272,939, claims 1-13 of U.S. Patent
No. 5,624,350, claims 1, 3, 4, 6-9, 11, 13, 14, 16, or 17 of U.S.
Patent No. 6,149,545, or claims 1-16 of U.S. Patent No. 6,066,071 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--
Eaton Corporation, Eaton Center, 1111 Superior Avenue, Cleveland,
OH 44114-2584.
[[Page 937]]
(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:
ZF Meritor LLC, 22021 Skyway Church Road, Maxton, NC 28364;
ZF Friedrichshafen AG, Allmannsweilerstrasse 25, 88046
Friedrichshafen, Germany;
ArvinMeritor, Inc., 2135 West Maple Road, Troy, MI 48084.
(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 Paul J.
Luckern 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 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. 04-325 Filed 1-6-04; 8:45 am]
BILLING CODE 7020-02-P