[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