[Federal Register Volume 62, Number 244 (Friday, December 19, 1997)]
[Notices]
[Pages 66665-66666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33210]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-405]
Certain Automotive Scissors Jacks; Notice of Investigation
AGENCY: U.S. 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 on November
13, 1997, under section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Universal Tool & Stamping Company, Inc., 6544
U.S. Highway 6, Box 100, Butler, Indiana, 46721-0100. The complaint
alleges a violation 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 automotive scissors jacks by reason of
infringement of claims 7, 8, 10, 11, and 13 of United States Patent
Reexamination Certificate No. B1 5,110,091. 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 a hearing, issue a permanent exclusion order
and permanent cease and desist orders.
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 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.
FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2571. General information concerning the Commission
may also be obtained by accessing its internet server (http://
www.usitc.gov or ftp://ftp.usitc.gov).
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.
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on December 12, 1997, 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 automotive
scissors jacks by reason of infringement of claims 7, 8, 10, 11, or 13
of United States Patent Reexamination Certificate No. B1 5,110,091, and
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--Universal Tool & Stamping Company, Inc.,
6544 U.S. Highway 6, P.O. Box 100, Butler, IN 46721-0100.
(b) The respondent is the following company alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: Ventra Group, Inc., 1 Mitten Court, P.O. Box 126,
Cambridge, Ontario, CANADA N1R 5S9.
(c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, S.W., Room 401-0,
Washington, D.C. 20436, 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.
A response to the complaint and the notice of investigation must be
submitted by the named respondent in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to sections 201.16(d) and 210.13(a) of the Commission's Rules,
19 CFR 201.16(d) and 210.13(a), such response 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 a response to the complaint will not
be granted unless good cause therefor is shown.
Failure of the 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
the respondent.
Issued: December 15, 1997.
[[Page 66666]]
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-33210 Filed 12-18-97; 8:45 am]
BILLING CODE 7020-02-P
