01-3342. In the Matter of Certain Oscillating Sprinklers, Sprinkler Components, and Nozzles; 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 January 8, 2001, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of L.R. Nelson Corporation. An amended complaint was filed on January 31, 2001. The complaint, as amended, 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 oscillating sprinklers, sprinkler components, and nozzles that are allegedly covered by claims 1-4, 6-16 and 18-22 of U.S. Letters Patent 6,036,117, claims 1-5, 9-11 and 14 of U.S. Letters Patent 5,511,727, and claims 44-49 and 51-53 of U.S. Letters Patent 5,645,218. 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 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 [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 be obtained by accessing its internet server (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT:

Juan Cockburn, 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 § 210.10 of the Commission's rules of practice and procedure, 19 CFR 210.10 (2000).

Scope of Investigation

Having considered the complaint, the U.S. International Trade Commission, on February 2, 2001, 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 oscillating sprinklers, sprinkler components, and nozzles by reason of infringement of claims 1-4, 6-16, 18-21 or 22 of U.S. Letters Patent 6,036,117, claims 1-5, 9-11 or 14 of U.S. Letters Patent 5,511,727, or claims 44-49, 51-52 or 53 of U.S. Letters Patent 5,645,218, 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—L.R. Nelson Corporation, One Sprinkler Lane, Peoria, Illinois 61615.

(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:

Ruey Ryh Enterprise Co., Ltd., 133, An Hsi Street, An Hsi Village, Chang Hua Hsien, Taiwan, Postcode 504

Yuan Mei Group, No. 1, Lane 288, Sec. 1 Lu Ho Rd., Lu Kang, Chang Hua Hsien, Taiwan

Amagine Garden, Inc., No. 21, Lane 409, Lu Ho Rd. Sec., Lu Kang Chen, Chang Hua Hsien, Taiwan

Aqua Star Industries, Inc., 5775 Jurupa St., Ontario, California 91761

Le Yuan Industrial Co., Ltd. No. 10 Fang Tung Road, Rangyuan Hsiang, Changhua, Taiwan

Shin Da Spurt Water of Garden Tool Co., Ltd., No. 75, Koao Tsuoh Land, Kiao Tauoh Li, Chang Hua Hsien, Taiwan, Postcode 505

Melnor, Inc., One Carol Place, Moonachie, New Jersey 07074-1386

Rain Bird Sprinkler Manufacturing Corp., 145 N. Grand St., Glendora, California 91741-2469

Lego Irrigation Equipment, Kiryat Nordau, Netanya, Israel

Naan Sprinkler and Irrigation Systems, Inc., Kibbutz Naan, 76829, Israel

Orbit Irrigation Products, Inc., 845 N. Overland Road, North Salt Lake, Utah 84054

Gardena Krest + Kastner GmbH, Hans-Lorenserstrasse 40, D-89070 Ulm, Germany

Watex International Co., Ltd., 10, Chung Shan Road, Min Shun Hsiang, Taiwan,

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

(3) For the investigation so instituted, the Honorable Paul J. Luckern 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 § 210.13 of the Commission's rules of practice and procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a) of the Commission's rules, such responses 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 responses 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 such respondent.

Issued: February 5, 2001.

By order of the Commission.

Donna R. Koehnke,

Secretary.