00-1830. Certain Spiral Grilled Products Including Ducted Fans and Components Thereof; Notice of Investigation

AGENCY:

U.S. 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 November 26, 1999, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, on behalf of Vornado Air Circulation Systems, Inc. of Andover, Kansas. A supplementary letter was filed on January 7, 2000. On December 28, 1999, the Commission voted to extend the deadline by which it had to decide whether to institute an investigation based on the complaint. 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 spiral grilled products, including ducted fans, and components thereof by reason of (i) infringement of claims 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of U.S. Letters Patent Re. 34,551, and (ii) misappropriation of trade dress. The complaint further alleges that there exists an industry in the United States 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, S.W., Room 112, Washington, D.C. 20436, telephone [phone]. 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 (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT:

Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone [phone].

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 (1999).

SCOPE OF INVESTIGATION

Having considered the complaint, the U.S. International Trade Commission, on January 18, 2000 Ordered that—

(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine:

(a) 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 spiral grilled products, including ducted fans, and components thereof by reason of infringement of claims 15, 16, 17, 18, 19, 20, 21, 22, 23, or 24 of U.S. Letters Patent Re. 34,551.

(b) whether there is a violation of subsection (a)(1)(A) 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 spiral grilled products, including ducted fans, and components thereof by reason of misappropriation of trade dress, the threat or effect of which is to destroy or substantially injure an industry in the United States; and

(c) whether there exists an industry in the United States 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—

Vornado Air Circulation Systems, Inc., 415 E. 13th, Andover, Kansas 67002.

(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:

Holmes Products Corp., 233 Fortune Blvd., Milford, MA 01757-1740

Holmes Products (Far East) Ltd., 9th Floor, No. 9 Wing Hong St., Cheung Sha Wan, Kowloon, Hong Kong

Holmes Products (Far East) Ltd., Taiwan Branch (Bahamas), 13F-2, 97 Chung Hsin Road, Section 4

Sanchung City, Taipei, Hsien, Taiwan

(c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW, Room 401-O, Washington, D.C. 20436, who shall be the Commission investigative attorney, party to this investigation; and

(3) For the investigation so instituted, the Honorable Sidney Harris 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 C.F.R. §§ 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 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 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 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 such respondent.

By order of the Commission.

Issued: January 20, 2000.

Donna R. Koehnke,

Secretary.