[Federal Register Volume 69, Number 4 (Wednesday, January 7, 2004)]
[Notices]
[Pages 937-938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-324]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-502]


Certain Automobile Tail Light Lenses and Products Incorporating 
Same; 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 December 1, 2003, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Jens E. Sorensen, as Trustee of the Sorensen Research and Development 
Trust, of San Diego, California, and Jens Ole Sorensen of Rancho Santa 
Fe, California. A supplement to the Complaint was filed on December 18, 
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 
automobile tail light lenses and products incorporating same by reason 
of infringement of claims 1, 6, 8 and 10 of U.S. Patent No. 4,935,184. 
The complaint further alleges that an industry in the United States 
exists as required by subsection (a)(2) of section 337.
    The complainants 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 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: Juan Cockburn, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2572.
    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).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 31, 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 automobile 
tail light lenses or products incorporating same by reason of 
infringement of claims 1, 6, 8 or 10 of U.S. Patent No. 4,935,184 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 complainants are--

Jens E. Sorensen, as Trustee of the Sorensen Research and Development 
Trust, 9930 Mesa Rim Road, Suite 300, San Diego, CA 92121;

Jens Ole Sorensen, 14431 Bellvista Drive, Rancho Santa Fe, CA 92067.

    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are parties upon which the complaint is 
to be served:

Daimler-Chrysler AG, Epplestr. 225, Stuttgart, Bade-Wuerttemberg, 
Germany;
Mercedes-Benz USA, LLC, One Mercedes Drive, Montvale, NJ 07645-0350.

    (c) Juan Cockburn, 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 respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and

[[Page 938]]

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 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 responses to the complaint 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 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.

    Issued: December 31, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 04-324 Filed 1-6-04; 8:45 am]
BILLING CODE 7020-02-P