[Federal Register Volume 61, Number 230 (Wednesday, November 27, 1996)]
[Notices]
[Pages 60304-60305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30320]


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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-391]


Certain Toothbrushes and the Packaging Thereof; Notice of 
Investigation

AGENCY: U.S. 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 October 25, 1996, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Procter & Gamble Company, One Procter & Gamble Plaza, Cincinnati, OH 
45202. An amended complaint was filed on November 14, 1996, and 
supplementary letters were filed on November 18 and 19, 1996. The 
complaint, as amended and supplemented, 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 toothbrushes and packaging thereof by reason of infringement of 
U.S. Patent Des. 328,392 and U.S. Copyright Registration No. TX 4-103-
537. 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 a hearing, issue permanent exclusion orders 
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, 
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.

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 
210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 
210.10 (1996).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on November 21, 1996, Ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine--
    (a) 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 toothbrushes by reason of infringement of U.S. Patent Des. 
328,392;
    (b) Whether there is a violation of subsection (a)(1)(B) of section 
337 in the importation into the United States, the

[[Page 60305]]

sale for importation, or the sale within the United States after 
importation of certain toothbrushes and/or the packaging thereof, by 
reason of infringement of U.S. Copyright Registration No. TX 4-103-537; 
and
    (c) 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--The Procter & Gamble Company, One Procter & 
Gamble Plaza, Cincinnati, Ohio 45202.
    (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:

Shummi Enterprise Co., Ltd., No. 15, Alley 8, Lane 53, Nanking East 
Road, Section 4, Taipei, Taiwan.
Shumei Industrial Co., Ltd., Ping-Di, Central, Lung-Kang District, 
Shenzhen, China.
Giftline International Corporation, 1/F, No. 33, Alley 6, Lane 133, 
Nanking East Road, Section 4, Taipei, Taiwan.
Lollipop Imports & Exports of Brooklyn, Inc., 774 Broadway, Brooklyn, 
New York 11206.
MAS Marketing, Inc., 23800 Commerce Park D, Cleveland, Ohio 44122.

    (c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW, Room 401-O, 
Washington, D.C. 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Sidney 
Harris 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 Sec. 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) such responses will be 
considered by the Commission if received no 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: November 22, 1996.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-30320 Filed 11-26-96; 8:45 am]
BILLING CODE 7020-02-P