[Federal Register Volume 65, Number 17 (Wednesday, January 26, 2000)]
[Notices]
[Pages 4260-4261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1830]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-426]


Certain Spiral Grilled Products Including Ducted Fans and 
Components Thereof; Notice of Investigation

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 November 26, 1999, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on 
behalf of Vornado Air Circulation Systems, Inc. of Andover, Kansas. A 
supplementary letter was filed on January 7, 2000. On December 28, 
1999, the Commission voted to extend the deadline by which it had to 
decide whether to institute an investigation based on the complaint. 
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 spiral 
grilled products, including ducted fans, and components thereof by 
reason of (i) infringement of claims 15, 16, 17, 18, 19, 20, 21, 22, 23 
and 24 of U.S. Letters Patent Re. 34,551, and (ii) misappropriation of 
trade dress. 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 a permanent cease and desist order.

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, 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:  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 Sec. 210.10 (1999).

SCOPE OF INVESTIGATION

     Having considered the complaint, the U.S. International Trade 
Commission, on January 18, 2000 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 spiral grilled products, including ducted fans, and components 
thereof by reason of infringement of claims 15, 16, 17, 18, 19, 20, 21, 
22, 23, or 24 of U.S. Letters Patent Re. 34,551.
    (b) whether there is a violation of subsection (a)(1)(A) 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 spiral grilled products, including ducted fans, and components 
thereof by reason of misappropriation of trade dress, the threat or 
effect of which is to destroy or substantially injure an industry in 
the United States; 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--

Vornado Air Circulation Systems, Inc., 415 E. 13th, Andover, Kansas 
67002.

    (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:

Holmes Products Corp., 233 Fortune Blvd., Milford, MA 01757-1740
Holmes Products (Far East) Ltd., 9th Floor, No. 9 Wing Hong St., Cheung 
Sha Wan, Kowloon, Hong Kong
Holmes Products (Far East) Ltd., Taiwan Branch (Bahamas), 13F-2, 97 
Chung Hsin Road, Section 4
Sanchung City, Taipei, Hsien, Taiwan

    (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

[[Page 4261]]

accordance with section 210.13 of the Commission's Rules of Practice 
and Procedure, 19 CFR Sec. 210.13. Pursuant to 19 C.F.R. 
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: January 20, 2000.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-1830 Filed 1-25-00; 8:45 am]
BILLING CODE 7020-02-P