[Federal Register Volume 68, Number 177 (Friday, September 12, 2003)]
[Notices]
[Pages 53752-53753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23219]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-498]


In the Matter of Certain Insect Traps; 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 August 8, 2003, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
American Biophysics Corporation of East Greenwich, Rhode Island. A 
supplement to the complaint was filed on August 27, 2003. 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 insect traps 
by reason of infringement of claims 1-3, 5-7, 9, 13, 28, 31-33, 35-37, 
39-41, and 43-45 of U.S. Patent No. 6,286,249 B1 and claims 1-4, 7, 15-
19, and 21-39 of U.S. Patent No. 6,145,243. 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 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

[[Page 53753]]

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: Jay H. Reiziss, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2579.

    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 (2003).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on September 8, 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 1-3, 5-7, 9, 13, 
28, 31-33, 35-37, 39-41, or 43-45 of U.S. Patent No. 6,286,249 B1 or 
claims 1-4, 7, 15-19, or 21-39 of U.S. Patent No. 6,145,243 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--

American Biophysics Corporation, 2240 South County Trail,Greenwich, RI 
02818-1536.

    (b) The respondent is the following company alleged to be in 
violation of section 337, and is a party upon which the complaint is to 
be served:

Blue Rhino Corporation, 104 Cambridge Plaza Drive, Winston-Salem, NC 
27104.

    (c) Jay H. Reiziss, 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 Sidney 
Harris is designated as the presiding administrative law judge.
    A response to the complaint and the notice of investigation must be 
submitted by the named respondent 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 response will be 
considered by the Commission if received not 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 the response to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of the 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 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 and this notice and 
to enter 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: September 8, 2003.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-23219 Filed 9-11-03; 8:45 am]
7020-02-P