[Federal Register Volume 65, Number 87 (Thursday, May 4, 2000)]
[Notices]
[Pages 25941-25942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11168]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-433]


In the Matter of Certain Safety Eyewear and Components 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 March 31, 2000, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Bacou USA Safety, Inc. and Uvex Safety Manufacturing, Inc., both of 
Smithfield, Rhode Island. Supplements to the complaint were filed on 
April 18 and 19, 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 safety eyewear and components thereof by reason 
of (a) infringement of claims 
1-5, 8-14, and 16-18 of U.S. Letters Patent 5,457,505, (b) infringement 
of the claim of U.S. Letters Patent Des. 322,616 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 complainants request that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and a permanent cease and desist order.

ADDRESSES: The complaint and supplements, except for any confidential 
information contained therein, are 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, DC 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 be 
obtained by accessing its internet server (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT: Steven A. Glazer, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2577.

    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 (1999).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on April 28, 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 safety eyewear and components thereof by reason of infringement 
of claims 1-5, 8-14, and 16-18 of U.S. Letters Patent 5,457,505, or of 
the claim of U.S. Letters Patent Des. 322,616, and whether there exists 
an industry in the United States as required by subsection (a)(2) of 
section 337; or
    (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 safety eyewear 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.
    (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 --

Bacou USA Safety, Inc., 10 Thurber Boulevard, Smithfield, Rhode Island 
02917
Uvex Safety Manufacturing, Inc., 10 Thurber Boulevard, Smithfield, 
Rhode Island 02917

(b) The respondent is the following company alleged to be in violation 
of section 337, and is the party upon which the complaint is to be 
served: Crews, Inc., 5191 Hickory Hill Road, Memphis, Tennessee 38141.
    (c) Steven A. Glazer, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW, Room 401-K, 
Washington, DC 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.
    A response to the complaint and the notice of investigation must be 
submitted by the named respondent in 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) of the Commission's Rules, 
such response will be considered by the Commission if received not 
later than 20 days after the date of service by the Commission of the 
complaint and the notice of investigation. An extension of time for 
submitting a response to the complaint will not be granted unless good 
cause therefor is shown.
    Failure of the 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 
the respondent.


[[Page 25942]]


    By order of the Commission.

    Issued: May 1, 2000.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-11168 Filed 5-3-00; 8:45 am]
BILLING CODE 7020-02-P