[Federal Register Volume 65, Number 49 (Monday, March 13, 2000)]
[Notices]
[Pages 13307-13308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6081]


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INTERNATIONAL TRADE COMMISSION

Investigation No. 337-TA-429


Certain Bar Clamps, Bar Clamp Pads, and Related Packaging, 
Display, and Other Materials; 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 February 9, 2000, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
American Tool Companies, Inc. of Hoffman Estates, Illinois, and 
Petersen Manufacturing Co., Inc., of De Witt, Nebraska. A supplement to 
the complaint was filed on March 1, 2000. 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 bar clamps, bar clamp pads, 
and related packaging, display, and other materials by reason of (a) 
infringement of claims 1, 2, 19-23, 37, 38, 40, 42, 46, 48, 67, and 68 
of U.S. Letters Patent 5,988,616, (b) infringement of U.S. Trademark 
Registration Nos. 1,638,906 and 2,063,062 and (c) misappropriation of 
trade dress, the threat or effect of which is to destroy or 
substantially injure an industry in the United States. The complaint 
also alleges that there exists an industry in the United States with 
respect to the asserted intellectual property.
    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 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 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 March 6, 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 bar clamps, bar clamp pads, and related packaging, display, and 
other materials by reason of infringement of claims 1, 2, 19-23, 37, 
38, 40, 42, 46, 48, 67, or 68 of U.S. Letters Patent 5,988,616, and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337; or
    (b) whether there is a violation of subsection (a)(1)(C) 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 bar clamps, bar clamp pads, and related packaging, display, and 
other materials by reason of infringement of U.S. Trademark 
Registration Nos. 1,638,906 or 2,063,062, and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337; or
    (c) 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 bar clamps, bar clamp pads, and related packaging, display, and 
other materials 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.
    (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--

American Tool Companies, Inc., 2800 West Higgins Road, Hoffman Estates, 
Illinois 60195
Petersen Manufacturing Co., Inc., 108 S. Pear St., De Witt, Nebraska 
68341

    (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:

Wolfcraft GmbH, Wolff-Strae, D-56746 Kempenich, Germany
Wolfcraft, Inc., P.O. Box 687, 1222 W. Ardmore Ave., Itasca, IL 60143

    (c) Anne 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 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 13308]]

accordance with section 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.

    Issued: March 7, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-6081 Filed 3-10-00; 8:45 am]
BILLING CODE 7020-02-P