[Federal Register Volume 66, Number 236 (Friday, December 7, 2001)]
[Notices]
[Pages 63558-63559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30362]


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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 Commission Decision To Grant-In-
Part a Joint Motion for Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has decided to grant-in-part a joint motion for termination 
of the above-captioned investigation based on a settlement agreement.

FOR FURTHER INFORMATION CONTACT: David I. Wilson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
708-2310. General information concerning the Commission also may be 
obtained by accessing its Internet server (http://www.usitc.gov). 
Hearing-impaired individuals can obtain information concerning this 
matter by contacting the Commission's TDD terminal at 202-205-1810. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION: The Commission instituted the investigation 
to determine whether there is a violation of section 337 of the Tariff 
Act of 1930 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. The complainants were American Tool Companies, Inc., 
and its subsidiary, Peterson Manufacturing Co., Inc. The respondents 
were Wolfcraft GmbH and Wolfcraft, Inc. The complainants alleged that 
the respondents' imported merchandise infringes claims of a U.S. patent 
owned by complainants, infringes complainants' registered trademark, 
and misappropriated complainants' trade dress. See 65 FR 13307 (Mar. 
13, 2001).
    The patent-based portion of the complaint was deemed withdrawn and 
that portion of the investigation was terminated when the Commission 
granted complainants' motion to amend the complaint and notice of 
investigation (Motion No. 429-4) (Sept. 6, 2000). See Commission Order 
(Jan. 4, 2001) and Commission Opinion (Jan. 4, 2001).
    On March 13, 2001, the ALJ issued his final ID, pursuant to 19 CFR 
210.42(a)(1), holding that there is no violation of section 337 in the 
importation and sale of the respondents' merchandise.
    On July 3, 2001, complainants and respondents filed a joint motion 
(Motion No. 429-10C) in which they sought (a) vacatur of the final ID, 
(2) termination of the investigation with prejudice and (3) withdrawal 
of respondents' sanctions motion.

[[Page 63559]]

    The Commission denied the requests in the joint motion that the 
investigation be terminated with prejudice, and granted the requests 
that the ID be vacated and that respondents' motion for sanctions be 
withdrawn.
    The authorities for this action are section 337(c) of the Tariff 
Act of 1930, 19 U.S.C. 1337(c), and Commission rules 210.46(a) and 
210.42(h)(2) and (i), 19 CFR 210.46(a), and 210.42(h)(2) and (i).
    All nonconfidential documents filed in the investigation are or 
will be available for public inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Commission's Office of the Secretary, 
Dockets Branch, 500 E Street, SW., Room 112, Washington, DC 20436, 
telephone 202-205-1802.

    By Order of the Commission.

    Issued: December 3, 2001.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-30362 Filed 12-6-01; 8:45 am]
BILLING CODE 7020-02-P