[Federal Register Volume 69, Number 41 (Tuesday, March 2, 2004)]
[Notices]
[Page 9843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4632]



[[Page 9843]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-492]


Certain Plastic Grocery and Retail Bags; Notice of Decisions Not 
To Review Two Initial Determinations Each Terminating the Investigation 
as to Certain Respondents on the Basis of Settlement Agreements and One 
Initial Determination Terminating the Investigation as to a 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 the following initial 
determinations (IDs) issued by the presiding administrative law judge 
(ALJ) in the above-captioned investigation: (1) Order No. 28, 
terminating the investigation as to respondents Advance Polybag, Inc. 
(``API'') and Universal Polybag Co. Ltd. (``Universal'') on the basis 
of a settlement agreement; (2) Order No. 29, terminating the 
investigation as to respondent Pan Pacific Plastics Mfg., Inc. (``Pan 
Pacific'') on the basis of settlement agreement; and (3) Order No. 30, 
terminating the investigation as to respondent Prime Source 
International LLC (``Prime Source'') 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 
Pan Pacific of Union City, 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 ID (Order No. 7) granting complainant's motion to 
amend the complaint to add six additional respondents to the 
investigation, including API of Metarie, Louisiana, Universal of 
Thailand, and Prime Source of Westerville, Ohio. That ID was not 
reviewed by the Commission. 68 FR 54740 (Sept. 18., 2003). The 
Commission subsequently terminated the investigation as to respondent 
Spectrum Plastics, Inc. on the basis of a consent order.
    On January 16, 2004 complainant and respondents API and Universal 
jointly moved to terminate the investigation as to those respondents on 
the basis of a settlement agreement. On January 24, 2004, complainant 
and respondent Pan Pacific moved to terminate the investigation as to 
Pan Pacific on the basis of a settlement agreement. On January 22, 2004 
complainant moved to terminate the investigation with respect to Prime 
Source on the basis of a proposed consent order. On February 2, 2004, 
the Commission investigative attorney filed responses supporting each 
of the three motions for termination.
    On February 3, 2004, the ALJ issued three IDs (Orders Nos. 28, 29, 
and 30) granting the respective motions. No petitions for review of the 
IDs 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 Sec.  210.42 of the Commission's Rules of Practice and Procedure (19 
CFR 210.42).

    Issued: February 26, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 04-4632 Filed 3-1-04; 8:45 am]
BILLING CODE 7020-02-P