[Federal Register Volume 68, Number 119 (Friday, June 20, 2003)]
[Notices]
[Pages 37023-37024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15620]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-494]


In the Matter of Certain Automotive Measuring Devices, Products 
Containing Same, and Bezels for Such Devices; Notice of Investigation

AGENCY: International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 16, 2003, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Auto Meter Products, Inc. of Sycamore, Illinois. An amended complaint 
was filed on June 9, 2003. The complaint, as amended, 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 automotive measuring devices, products 
containing same, and bezels for such devices by reason of infringement 
of U.S. Registered Trademark Nos. 1,732,643 and 1,497,472 and U.S. 
Supplemental Register No. 1,903,908 and infringement of the 
complainant's trade dress. The complaint further alleges that there 
exists an industry in the United States 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 permanent exclusion 
order and a permanent cease and desist order.

ADDRESSES: The complaint and the amended complaint, except for any 
confidential information contained therein, are 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 (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Karin J. Norton, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2606.

    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 amended complaint, 
the U.S. International Trade Commission, on June 16, 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:
    (a) Whether there is a violation of subsection (a)(1)(C) 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 automotive measuring devices, products containing same, or 
bezels for such devices by reason of infringement of U.S. Registered 
Trademark Nos. 1,732,643 or 1,497,472, or U.S. Supplemental Register 
No. 1,903,908, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337; and
    (b) 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 automotive measuring devices, products containing same, or 
bezels for such devices by reason of infringement of the complainant's 
trade dress in its ``Super Bezel'' or ``Monster Tachometer'' designs, 
the threat or effect of which is to destroy or substantially injure an 
industry in the United States;
    (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--Auto Meter Products, Inc., 413 West Elm 
Street, Sycamore, IL 60178.
    (b) The respondents are the following companies alleged to be in 
violation of section 337 and upon which the complaint is to be served--

American Products Company, Inc., 22324 Temescal Canyon Rd., Corona, CA 
92883.
Auto Gauge (Taiwan) Co., Ltd., No. 8-1, Lane 130, Nan-Kang Road, Sec. 
3, Taipei, Taiwan, and 2F, No. 11, Alley 12, Lane 325, Chien-Kang Rd., 
Taipei, Taiwan.
Blitz North America, Inc., 4879 East La Palma Ave., Suite 201-202, 
Anaheim, CA 92807.
Equus Products, Inc., 17291-B Mount Herrmann Street, Fountain Valley, 
CA 92708.
GR Motorsports, Inc., d/b/a Matrix GR Motorsports, Inc., 2267 Saybrook 
Ave., Commerce, CA 90040.
Hiper Industries, Inc., d/b/a R-1 Racing Sports, Inc., 11752 Markon 
Drive, Garden Grove, CA 92841.
Jimray Technology, Inc., d/b/a Progauges Co., Ltd., 2F, No. 205 Tiding 
Ave., Neihu, Taipei, Taiwan.
Leader Way International, Inc., 34, Lane 531, Hua Cheng Road, 
Hsinchuang City, Taipei Hsien 242, Taiwan.
Longacre Industries, Inc., d/b/a Longacre Racing Products, Inc., Racing 
Parts Group, Inc., and AccuTech, 14269 NE 200th Street, Woodinville, WA 
98072.
Old World Industries, Inc., d/b/a Old World Automotive, Products, 
SplitFire, and SplitFire International, Inc., 4065 Commercial Ave., 
Northbrook, IL 60062-1828.
Point Zero Gauge Company, d/b/a QuickCar Racing Products, 231 Pickle 
Simon Road, Winder, GA 30680-6415.

[[Page 37024]]

Tenzo R, d/b/a Autotech Systems and Accessories, 20758 Centre Point 
Parkway, Santa Clarita, CA 91350.

    (c) Karin J. Norton, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401-A, 
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 amended 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 a response 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 amended 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 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 the respondent.

    By order of the Commission.

    Issued: June 16, 2003.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-15620 Filed 6-19-03; 8:45 am]
BILLING CODE 7020-00-P