[Federal Register Volume 69, Number 4 (Wednesday, January 7, 2004)]
[Notices]
[Pages 936-937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-325]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-503]


Certain Automated Mechanical Transmission Systems for Medium-Duty 
and Heavy-Duty Trucks, and Components Thereof; 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 
Eaton Corporation of Cleveland, Ohio. A supplement to the Complaint was 
filed on December 3, 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 automated mechanical transmissions for medium-
duty and heavy-duty trucks, and components thereof, by reason of 
infringement of claim 15 of U.S. Patent No. 4,899,279, claims 1-20 of 
U.S. Patent No. 5,335,566, claims 2-4 and 6-16 of U.S. Patent No. 
5,272,939, claims 1-13 of U.S. Patent No. 5,624,350, claims 1, 3, 4, 6-
9, 11, 13, 14, 16, and 17 of U.S. Patent No. 6,149,545, and claims 1-16 
of U.S. Patent No. 6,066,071. 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 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 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 automated 
mechanical transmission systems for medium-duty and heavy-duty trucks, 
or components thereof by reason of infringement of claim 15 of U.S. 
Patent No. 4,899,279, claims 1-20 of U.S. Patent No. 5,335,566, claims 
2-4 and 6-16 of U.S. Patent No. 5,272,939, claims 1-13 of U.S. Patent 
No. 5,624,350, claims 1, 3, 4, 6-9, 11, 13, 14, 16, or 17 of U.S. 
Patent No. 6,149,545, or claims 1-16 of U.S. Patent No. 6,066,071 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--
    Eaton Corporation, Eaton Center, 1111 Superior Avenue, Cleveland, 
OH 44114-2584.

[[Page 937]]

    (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:
    ZF Meritor LLC, 22021 Skyway Church Road, Maxton, NC 28364;
    ZF Friedrichshafen AG, Allmannsweilerstrasse 25, 88046 
Friedrichshafen, Germany;
    ArvinMeritor, Inc., 2135 West Maple Road, Troy, MI 48084.
    (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 Paul J. 
Luckern 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 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. 04-325 Filed 1-6-04; 8:45 am]
BILLING CODE 7020-02-P