[Federal Register Volume 66, Number 17 (Thursday, January 25, 2001)]
[Notices]
[Pages 7782-7783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2212]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-447]


Certain Aerospace Rivets and Products Containing Same; 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 December 26, 2000, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Allfast Fastening Systems, Inc. of City of Industry, California. A 
supplement to the complaint was filed on January 11, 2001. The 
complaint 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 aerospace rivets and products 
containing same by reason of infringement of common law trademarks 
``BRFR'' and ``BRFZ,'' dilution of the ``BRFR'' and ``BRFZ'' 
trademarks, infringement of claims 1-6 of U.S. Letters Patent 
5,580,202, and unfair competition by means of false designation of 
origin and false description. The complaint further alleges that there 
exists in the United States an industry as required by subsections 
(a)(1)(A) and (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a

[[Page 7783]]

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, 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 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 210.10 (2000).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 18, 2001, 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)(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 aerospace rivets or products containing same by reason of 
infringement of common law trademarks ``BRFR'' or ``BRFZ,'' dilution of 
the ``BRFR'' or ``BRFZ'' trademarks, or unfair competition by means of 
false designation of origin or false description, the threat or effect 
of which is to destroy or substantially injure an industry in the 
United States; or
    (b) 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 aerospace rivets or products containing same by reason of 
infringement of claims 1-6 of U.S. Letters Patent 5,580,202, and 
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: Allfast Fastening Systems, Inc., 15200 Don 
Julian Road, City of Industry, California 91745;
    (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: Ateliers De La Haute Garonne ets Auriol et Cie., S.A., 
Z.I. Flourens, B.P. 3, F-31131, Balma-Toulouse, France;
    (c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401-O, 
Washington, DC 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.
    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), such response 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 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 
such respondent.

    Issued: January 19, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-2212 Filed 1-24-01; 8:45 am]
BILLING CODE 7020-02-U