[Federal Register Volume 69, Number 86 (Tuesday, May 4, 2004)]
[Notices]
[Pages 24669-24670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10016]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-498]


Certain Insect Traps; Notice of Commission Decision Not To Review 
an Initial Determination Terminating the Investigation in Part on the 
Basis of a Consent Order; Issuance of Consent Order

AGENCY: U.S. 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 partially terminating the investigation as to 
certain respondents' accused products 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 September 12, 2003, based on a complaint filed by American 
Biophysics Corp. (``ABC'') of East Greenwich, Rhode Island. 68 FR 
53752. The complaint, as supplemented, alleged violations of section 
337 of the Tariff Act of 1930 in the importation into the United 
States, sale for importation, and/

[[Page 24670]]

or sale within the United States after importation of certain insect 
traps that infringe the claims of ABC's U.S. Patents Nos. 6,286,249 
(the `249 patent) and 6,145,243 (the `243 patent). The notice of 
investigation identified one respondent, Blue Rhino Corp. (``BRC'') of 
Winston-Salem, North Carolina. On December 8, 2003, the complaint and 
notice of investigation were amended to add four additional 
respondents: Blue Rhino Consumer Products, LLC (``BRCP'') and Blue 
Rhino Global Sourcing, LLC (``BRGS''), both of Winston-Salem, N.C.; 
Guangdong Dong Fang Imp. & Exp. Corp. (``Guangdong'') of Shenzhen, 
China; and Lentek International, Inc. (``Lentek'') of Kissimmee, 
Florida.
    On March 29, 2004, pursuant to Commission rule 210.21(c)(I)(ii), 
respondents BRC, BRCP, BRGS, and Guangdong filed a motion for partial 
termination of the investigation and entry of a consent order. The 
motion requested termination of the investigation with respect to these 
respondents' older model accused insect traps, i.e., the SV-1000 model 
insect traps. On April 7, 2004, the respondents filed a revised 
proposed consent order and consent order stipulation, which included 
changes agreed to by complainant. On April 2, 2004, the Commission 
investigative attorney filed a response supporting the motion.
    On April 9, 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).

    By order of the Commission.

    Issued: April 28, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-10016 Filed 5-3-04; 8:45 am]
BILLING CODE 7020-02-P