[Federal Register Volume 67, Number 204 (Tuesday, October 22, 2002)]
[Notices]
[Pages 64910-64911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26734]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-482]


In the Matter of Certain Compact Disc and DVD Holders; 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 September 18, 2002, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on 
behalf of DuBois

[[Page 64911]]

Limited of the United Kingdom. Supplements to the complaint were filed 
on October 7 and 9, 2002. 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 compact disc and DVD holders by reason of 
infringement of U.S. Design Patent No. D441,212. The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue permanent exclusion 
orders 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 at (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 at http://www.usitc.gov. 
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.

FOR FURTHER INFORMATION CONTACT: Benjamin D.M. Wood, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2582.

    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 (2002).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 15, 2002, 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 compact 
disc and DVD holders by reason of infringement of U.S. Design Patent 
No. D441,212, and whether an industry in the United States exists 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--DuBois Limited, Amaray House, Arkwright 
Road, Corby, Northamptonshire, NN7 5AE U.K.
    (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:

Viva Magnetics Limited, 16F, E On Factory Bldg., 14 Wong Chuk Hang 
Road, Aberdeen, Hong Kong.
Matrix Associates, Inc., 1425 Monte Grande Pl., Pacific Palisades, CA 
90272.
Finest Industrial Co., Ltd., Flat A, 13/F, Sze Hing Loong Ind. Bldg., 
44 Lee Chung Street, Chaiwan, Hong Kong.
Ponica Industries Corp., Corporate Headquarters, 125 Klug Circle, 
Corona, CA 92880.
Carthuplas, Inc., 7 Shape Drive, Kennebunk, ME 04043.
Scanavo A/S, Roskildevej 328, DK-2630 Taastrup, Denmark, Wah-de 
Electron, Co. Ltd.
No. 1, Alley 22, Lane 205, Nanshan Road, Sec. 2, Luchu Hsiang, Taoyuan 
Hsien, Taiwan,
Dragon Star Magnetics, Ltd., Room 406, 4/F Cheung Tat Centre, 18 Cheung 
Lee Street, Chai Wan, Hong Kong.
    (c) Benjamin D.M. Wood, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, 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. 
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), 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 the 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 
to authorize the administrative law judge and the Commission, without 
further notice to that 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 that respondent.

    By order of the Commission.
    Issued: October 16, 2002.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-26734 Filed 10-21-02; 8:45 am]
BILLING CODE 7020-02-P