[Federal Register Volume 66, Number 4 (Friday, January 5, 2001)]
[Notices]
[Pages 1155-1156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-338]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-443]


In the Matter of Certain Flooring Products; 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 December 4, 2000 under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Alloc, Inc. of Racine Wisconsin, Berry Finance N.V. of Oostrozebeke, 
Belgium, and Valinge Aluminum, AB of Viken, Sweden. A supplement to the 
Complaint was filed on December 22, 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 flooring products by reason 
of infringement of claims 1-3, 5, 6, 8-12, 14, 15, 17-36, 38-40 and 41 
of U.S. Letters Patent 5,860,267 and claims 1-14 of U.S. Letters Patent 
6,023,907. The complaint further alleges that an industry in the United 
States exists and/or is in the process of being established as required 
by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and permanent cease and desist orders.

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, 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.

FOR FURTHER INFORMATION CONTACT: James B. Coughlan, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2221. General information concerning the Commission 
may also be obtained by accessing its internet server (http://www.usitc.gov).

    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 (2000).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on December 27, 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 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 flooring 
products by reason of infringement of claims 1-3, 5, 6, 8-12, 14, 15, 
17-36, 38-40 or 41 of U.S. Letters Patent 5,860,267 or claims 1-13 or 
14 of U.S. Letters Patent 6,023,907, 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 complainants are:

Alloc, Inc., 3441 South Memorial Drive, Racine, Wisconsin 53403
Berry Financial N.V., Ingelmunstersteenweg 164, B-8780, Oostrozebeke, 
Belgium
Valinge Aluminium AB, Kyrkogranden 1, S-26040, Viken, Sweden

    (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:

Unilin Decor N.V., Ooigemstraat 3, B-8710, Wielsbeke, Belgium
BHK of America, Inc., 11 Bond Street, Central Valley, NY 10917
Pergo, Inc., 3128 Highwoods Boulevard, Raleigh, NC 27604
Meister-Leisten Schulte GmbH, Meiste, Zum Walde 16, D-59602 Ruthen, 
Germany
Akzenta Paneele + Profile GmbH, Werner-Von-Siemens Str., 56759 
Kaisersesch, Germany
Tarkett, Inc., 1139 Lehigh Avenue, Whitehall, Pennsylvania 18052
Roysol, 86, rue du fauborg Saint-Martin, F 89600 Saint Florentin, 
France

    (c) James B. Coughlan, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-L, 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 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 responses 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. Extensions of time for 
submitting responses to the complaint will not be granted unless good 
cause therefor is shown.

[[Page 1156]]

    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: December 29, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-338 Filed 1-4-01; 8:45 am]
BILLING CODE 7020-02-P