[Federal Register Volume 69, Number 28 (Wednesday, February 11, 2004)]
[Notices]
[Pages 6689-6690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2942]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-492]


In the Matter of Certain Plastic Grocery and Retail Bags; Notice 
of Decision Not To Review an Initial Determination Terminating the 
Investigation as to One Respondent on the Basis of a Consent Order; 
Issuance of Consent Order

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination (ID) 
issued by the presiding administrative law judge (ALJ) in the above-
captioned investigation terminating respondent Spectrum Plastics, Inc. 
(``Spectrum'') from the investigation on the basis of a consent order.

FOR FURTHER INFORMATION CONTACT: Andrea Casson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3105. Copies of all 
nonconfidential documents filed in connection with this investigation 
are or will be 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., Washington, DC 
20436, telephone 202-205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server 
(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. Hearing-impaired persons are advised that information 
on the matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 1, 2003, based on a complaint filed by Superbag Corp. 
(``Superbag'') of Houston, Texas, against four respondents, including 
Spectrum, of Cerritos, California. 68 FR 24755. Superbag's complaint 
alleged violations of section 337 of the Tariff Act of 1930 in the 
importation into the United States, sale for importation, and/or sale 
within the United States after importation of certain T-styled plastic 
grocery and retail bags that infringe one or more of claims 1-8 and 15-
19 of Superbag's U.S. Patent No. 5,188,235. On August 22, 2003, the ALJ 
issued an

[[Page 6690]]

ID (Order No. 7) granting complainant's motion to amend the complaint 
to add six additional respondents. That ID was not reviewed by the 
Commission. 68 FR 54740 (Sept. 18, 2003).
    On December 23, 2003, pursuant to Commission rule 210.21(c), 
Superbag moved to terminate the investigation with respect to Spectrum 
on the basis of a proposed consent order. On January 2, 2004, the 
Commission investigative attorney filed a response supporting the 
motion.
    On January 8, 2004, the ALJ issued an ID (Order No. 23) granting 
the motion. No petitions for review of the ID were filed.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.42 of the Commission's rules of practice and procedure 
(19 CFR 210.42).

    Issued: February 5, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 04-2942 Filed 2-10-04; 8:45 am]
BILLING CODE 7020-02-P