[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Notices]
[Pages 32522-32523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15440]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-422]


Notice of Investigation

    In the Matter of: Certain Two-Handle Centerset Faucets and 
Escutcheons, and Components Thereof.

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 May 12, 1999, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Moen Incorporated of North Olmsted, Ohio. A supplement to the complaint 
was filed on May 27, 1999. The complaint, as 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 two-handle centerset faucets and escutcheons and 
components thereof by reason of infringement of U.S. Patent Des. 
347,466. The complaint further alleges that an industry in the United 
States exists 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 general exclusion 
order and permanent cease and desist orders.

ADDRESSES: The complaint, as 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 Sec. 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 June 11, 1999, 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 two-handle 
centerset faucets and escutcheons and components thereof by reason of 
infringement of U.S. Patent Des. 347,466, and whether an industry in 
the

[[Page 32523]]

United States exists 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--Moen Incorporated, 25300 Al Moen Drive, 
North Olmsted, Ohio 44070.
    (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:

Foremost International Trading, Inc., 906 Murray Road, East Hanover, 
NJ. 07936
Hometek International Group, 1755 Park Street, Suite 350, Naperville, 
Illinois 60563.
Sisco, Inc., 2945 E. Maria Street, Rancho Dominguez, California 90221
Chung Cheng Faucet Co. Ltd., 69 Lane 22 Chang Tin Road, Ting Fan Li, Lu 
Kang Chang Hua, Hsien, Taiwan
Lota International Co. Ltd., 10/F1 Xiamen Special Economic Zone, Trade 
Center North Hubin Road, Xiamen, People's Republic of China

    (c) Anne M. Goalwin, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401-P, 
Washington, DC 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 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 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: June 14, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-15440 Filed 6-16-99; 8:45 am]
BILLING CODE 7020-02-P