[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Notices]
[Pages 51949-51950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25965]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-415]
Notice of Investigation
In the Matter of Certain Mechanical Lumbar Supports and Products
Containing Same
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 19, 1998, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
McCord Winn Textron Inc. of Manchester, New Hampshire. An amended
complaint was filed on September 14, 1998. A supplementary letter was
filed on September 16, 1998. The amended complaint 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 mechanical lumbar supports and products containing same by
reason of infringement of claims 15 or 16 of U.S. Letters Patent
5,518,294. The amended
[[Page 51950]]
complaint further alleges that an industry in the United States exists
or is in process of being established 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, as amended and supplemented, 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. General information concerning
the Commission may also be obtained by accessing its internet server
(http://www.usitc.gov).
FOR FURTHER INFORMATION CONTACT: Anne M. Goalwin, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2574.
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 (1998).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on September 23, 1998, 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 mechanical
lumbar supports and products containing same by reason of infringement
of claims 15 or 16 of U.S. Letters Patent 5,518,294, and whether an
industry in the United States exists or is in the process of being
established 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--
McCord Winn Textron Inc., 645 Harvey Road, Manchester, New Hampshire
03103
(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:
SchUkra Manufacturing Inc., 310 Carlingview Drive, Etobicoke, Ontario
Canada M9W 5G1
SchUkra of North America Ltd., 1361 Ouellette Avenue, Windsor, Ontario
Canada N8X 1J7
SchUkra U.S.A., Inc., 15045 Fogg Street, Plymouth, Michigan 48170
SchUkra Berndorf GmbH, Leobersdorfer Strasse 26, A2560 Berndorf,
Austria
SchUkra Automobil-Erstausstatungs-GmbH, Gebertstrasse 5A, D90411
Nurnberg, Germany
(c) Anne M. Goalwin, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, S.W., Room 401-P,
Washington, D.C. 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Debra
Morriss 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. Sec. 210.13.
Pursuant to 19 CFR. Secs. 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: September 23, 1998.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-25965 Filed 9-28-98; 8:45 am]
BILLING CODE 7020-02-P
