[Federal Register Volume 59, Number 109 (Wednesday, June 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13898]
[[Page Unknown]]
[Federal Register: June 8, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-365]
Certain Audible Alarm Devices for Divers; 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 April 28, 1994, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
David A. Hancock, 4257 24th Avenue West, Seattle, WA 98199 and
Ideations Design Inc., 4257 24th Avenue West, Seattle, WA 98199.
Supplementary letters were filed on May 23, 1994. The complaint alleges
violations of subsection (a)(1)(B) 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 audible alarm devices
for divers, by reason of infringement of claim 6 of U.S. Letters Patent
4,950,107 and claim 1 of U.S. Letters Patent 5,106,236, and that there
exists an industry in the United States as required by subsection
(a)(2) of section 337.
The complainants request 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 SW., room 112, Washington,
DC 20436, telephone 202-205-1802. Hearing-impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on 202-205-1810.
FOR FURTHER INFORMATION CONTACT: Thomas S. 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 section 210.12 of the Commission's Interim Rules of Practice
and Procedure, 19 CFR 210.12.
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on May 31, 1994, 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 section 337(a)(1)(B)(i) in the importation into
the United States, the sale for importation, or the sale within the
United States after importation of certain audible alarm devices for
divers, by reason of infringement of claim 6 of U.S. Letters Patent
4,950,107 or claim 1 of U.S. Letters Patent 5,106,236, 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 complainants are--
David A. Hancock, 4257 24th Avenue West, Seattle, Washington 98199
Ideations Design Inc., 4257 24th Avenue West, Seattle, Washington
98199.
(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:
Duton Industry Co., Ltd., 3F, No. 85, Ming Teh Road, Peitou, Taipei,
Taiwan
IHK International Corp., 2902 Oregon Court, B-1, Torrance, California
90503.
(c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street SW., room 401-O,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, Janet D. Saxon, Chief
Administrative Law Judge, U.S. International Trade Commission, shall
designate 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
Sec. 210.21 of the Commission's Interim Rules of Practice and
Procedure, 19 CFR 210.21. Pursuant to Secs. 201.16(d) and 210.21(a) of
the Commission's Rules, 19 CFR 201.16(d) and 210.21(a), such responses
will be considered by the Commission if received not later than 20 days
after the date of service of the complaint. 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
respondents, 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.
Issued: May 31, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-13898 Filed 6-7-94; 8:45 am]
BILLING CODE 7020-02-P
