[Federal Register Volume 68, Number 89 (Thursday, May 8, 2003)]
[Notices]
[Pages 24755-24756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11423]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-492]


Certain Plastic Grocery and Retail Bags; Notice of Investigation

AGENCY: 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 April 2, 2003, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Superbag Corp. of Houston, Texas. An amended complaint was filed on May 
1, 2003. 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 plastic 
grocery and retail bags by reason of infringement of claims 1-8 and 15-
19 of U.S. Patent No. 5,188,235. 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 a permanent general 
exclusion order and permanent cease and desist orders.

ADDRESSES: The amended 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 at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: David H. Hollander, Jr., Esq., Office 
of Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2746.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in Sec. 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 May 1, 2003, 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 plastic 
grocery or retail bags by reason of infringement of one or more of 
claims 1-8 and 15-19 of U.S. Patent No. 5,188,235, 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--
    Superbag Corp., 9291 Baythorne Drive, Houston, Texas 77041.
    (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:
    Thai Plastics Bags Industries Co., Ltd., 42/174 Moo 5, Soi 
Srisatian, Raiking, Sampran, Nakhon Pathom 73210, Thailand.
    Hmong Industries, Inc., 700 Prior Avenue North, St. Paul, Minnesota 
55104.
    Spectrum Plastics, Inc., 12850 Midway Place, Cerritos, California 
90703.
    Pan Pacific Plastics Mfg., Inc., 33441 Central Avenue, Union City, 
California 94587.
    (c) David H. Hollander, Jr., 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 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 Sec. 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

[[Page 24756]]

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.

    Issued: May 2, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-11423 Filed 5-7-03; 8:45 am]
BILLING CODE 7020-02-P