[Federal Register Volume 69, Number 89 (Friday, May 7, 2004)]
[Notices]
[Pages 25608-25609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10411]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-508]


Certain Absorbent Garments; 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 April 5, 2004 under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Tyco Healthcare Retail Group, Inc. and Paragon Trade Brands, Inc. A 
supplement to the complaint was filed on April 26, 2004. 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 absorbent garments by 
reason of infringement of claims 1, 9, 12-13 of U.S. Patent No. 5,275, 
590, claims 1-2 of U.S. Patent No. 5,403,301, and claims 8-9 of U.S. 
Patent No. 4,892,528. The complaint further alleges that there exists 
an industry in the United States 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 general 
exclusion order and permanent cease and desist orders.

ADDRESSES: The complaint and supplemental letter, except for any 
confidential information contained therein, are 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 (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2571.

    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.

[[Page 25609]]

International Trade Commission, on April 30, 2004 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 absorbent 
garments by reason of infringement of claims 1, 9, 12, or 13 of U.S. 
Patent No. 5,275,590, claims 1 or 2 of U.S. Patent No. 5,403,301, or 
claims 8 or 9 of U.S. Patent No. 4,892,528, 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--

Tyco Healthcare Retail Group, Inc., 601 Allendale Road, King of 
Prussia, Pennsylvania 19406;
Paragon Trade Brands, Inc., 601 Allendale Road, King of Prussia, 
Pennsylvania 19406.

    (b) The respondents are the following companies alleged to be in 
violation of Section 337 and upon which the complaint is to be served--

Grupo ABS Internacional, S.A. de C.V., Humberto Lobo 9013, Ciudad 
Mitras, N.L., Mexico 66400;
Absormex S.A. de C.V., Humberto Lobo 9013, Ciudad Mitras, N.L., Mexico 
66400;
Absormex USA, Inc., 4401 San Francisco Avenue, Laredo, Texas 78041.
    (c) Thomas S. Fusco, Office of Unfair Import Investigations, U.S. 
International Trade Commission, 500 E Street, SW., Room 401-E, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as the presiding administrative law judge.
    Responses 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 no later than 20 days after 
the date of service by the Commission of the complaint and notice of 
investigation. Extensions of time for submitting responses to the 
complaint 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 both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    Issued: May 2, 2004.
    By order of the Commission.
Marilyn Abbott,
Secretary to the Commission.
[FR Doc. 04-10411 Filed 5-6-04; 8:45 am]
BILLING CODE 7020-02-P