[Federal Register Volume 68, Number 159 (Monday, August 18, 2003)]
[Notices]
[Pages 49521-49522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21031]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-496]


In the Matter of Certain Home Vacuum Packaging Machines; Notice 
of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337 and 
provisional acceptance of motion for temporary relief.

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SUMMARY: Notice is hereby given that a complaint and motion for 
temporary relief were filed with the U.S. International Trade 
Commission on July 8, 2003, under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, on behalf of Tilia, Inc. and Tilia 
International, Inc., both of San Francisco, California. 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 home vacuum packaging machines by reason 
of infringement of claims 3, 4, 6, 24, 25, and 34 of U.S. Patent No. 
4,941,310. 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 exclusion 
order and permanent cease and desist orders.
    The motion for temporary relief requests that the Commission issue 
a temporary limited exclusion order and temporary cease and desist 
orders prohibiting the importation into and the sale within the United 
States after importation of certain home vacuum packaging machines that 
infringe claim 34 of U.S. Patent No. 4,941,310 during the course of the 
Commission's investigation.

ADDRESSES: The complaint and motion for temporary relief, 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 imaging system (EDIS) at 
http://edis.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 (2003). The authority for provisional 
acceptance of the motion for temporary relief is contained in 
section 210.58, 19 CFR 210.58.

    Scope of Investigation: Having considered the complaint and the 
motion for temporary relief, the U.S. International Trade Commission, 
on August 12, 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 home vacuum 
packaging machines by reason of infringement of claims 3, 4, 6, 24, 25, 
or 34 of U.S. Patent No. 4,941,310 and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    (2) Pursuant to section 210.58 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.58, the motion for temporary relief 
under subsection (e) of section 337 of the Tariff Act of 1930, which 
was filed with the complaint, is provisionally accepted and referred to 
the presiding administrative law judge for investigation.
    (3) 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 complainants are--

Tilia, Inc., 303 Second Street, North Tower, 5th Floor, San Francisco, 
CA 94107.

Tilia International, Inc., 303 Second Street, North Tower, 5th Floor, 
San Francisco, CA 94107.

    (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:

Applica, Inc., 5980 Miami Lakes Drive, Miami Lakes, FL 33014.

Applica Consumer Products, Inc., 5980 Miami Lakes Drive, Miami Lakes, 
FL 33014.

ZeroPack Co., Ltd., 4Ra, 208, Sihwa Industrial Complex, 668-7 Songkok-
Dong, Ansan-Si, Kyungki-Do, 425-836, Republic of Korea.

The Holmes Group, Inc., One Holmes Way, Milford, MA 01757.


[[Page 49522]]


The Rival Company, 800 E. 101st Terrace, Kansas City, MO 64131.

    (c) Thomas S. Fusco, 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
    (4) For the investigation so instituted, the Honorable Delbert R. 
Terrill, Jr. is designated as the presiding administrative law judge.
    Responses to the complaint, the motion for temporary relief, and 
the notice of investigation must be submitted by the named respondents 
in accordance with section 210.13 and 210.59 of the Commission's Rules 
of Practice and Procedure, 19 CFR 210.13 and 210.59. Pursuant to 19 CFR 
201.16(d), 210.13(a), and 210.59, such responses will be considered by 
the Commission if received not later than 10 days after the date of 
service by the Commission of the complaint, the motion for temporary 
relief, and the notice of investigation. Extensions of time for 
submitting the responses to the complaint, motion for temporary relief, 
and the notice of investigation 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, in the motion for temporary relief, and in 
this notice may be deemed to constitute a waiver of the right to appear 
and contest the allegations of the complaint, the motion for temporary 
relief, 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, the motion for temporary 
relief, 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 cease and desist order or both 
directed against such respondent.

    By order of the Commission.

    Issued: August 12, 2003.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-21031 Filed 8-15-03; 8:45 am]
BILLING CODE 7020-02-P