[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