E8-4973. In the Matter of Certain Self-Cleaning Litter Boxes and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Complainant's Motion To Amend the Complaint and Notice of Investigation

AGENCY:

U.S. International Trade Commission.

ACTION:

Notice.

SUMMARY:

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 5) of the presiding administrative law judge (“ALJ”) granting a motion to amend the complaint and notice of investigation.

FOR FURTHER INFORMATION CONTACT:

Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone [phone]. Copies of the ID and all other nonconfidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone [phone]. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. General information concerning the Commission may also 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.

SUPPLEMENTARY INFORMATION:

On December 28, 2007, the Commission instituted an investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, based on a complaint filed by Applica Incorporated and Applica Consumer Products, Inc., both of Miramar, Florida; and Waters Research Company of West Dundee, Illinois, alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain self-cleaning litter boxes and components thereof by reason of infringement of certain claims of U.S. Patent No. RE36,847. 72 Federal Register 73884 (Dec. 28, 2007). The complainants named Lucky Litter, L.L.C. of Arlington, Texas and OurPet's Company of Fairport Harbor, Ohio, as respondents.

On January 22, 2008, complainants Applica Consumer Products and Waters Research Company moved for leave to amend the complaint and notice of investigation to reflect a corporate merger between Applica Incorporated amd Applica Consumer Products, Inc.

On February 11, 2008, the ALJ issued Order No. 5 granting the motion. No party petitioned for review of the subject ID. The Commission has determined not to review the ID.

The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.42(h) of the Commission's Rules of Practice and Procedure (19 CFR 210.42(h)).

By order of the Commission.

Issued: March 7, 2008.

Marilyn R. Abbott,

Secretary to the Commission.