[Federal Register Volume 69, Number 119 (Tuesday, June 22, 2004)]
[Notices]
[Pages 34691-34692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14038]


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INTERNATIONAL TRADE COMMISSION


In the Matter of Certain Plastic Food Containers; Notice of 
Investigation

AGENCY: U.S. 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 May 17, 2004, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Newspring Industrial

[[Page 34692]]

Corporation of Kearny, New Jersey. A supplement was filed on June 3, 
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 
plastic food containers by reason of infringement of claims 1-5 of U.S. 
Patent No. 6,056,138, claims 1-2 and 4-9 of U.S. Patent No. 6,196,404, 
and of U.S. Design Patent No. D 415,420. 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: Everett Snotherly, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2599.


    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 June 15, 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 plastic food 
containers by reason of infringement of one or more of claims 1-5 of 
U.S. Patent No. 6,056,138, claims 1-2 and 4-9 of U.S. Patent No. 
6,196,404, and the claim of U.S. Patent No. D 415,420, 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--Newspring Industrial Corporation, 35 
O'Brien Street, Kearny, New Jersey 07032;
    (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:
    Taizhou Huasen Household Necessities, Co., Ltd., a/k/a China Huasen 
Daily Expenses Co., Ltd., No. 13,247 Lane, Yinshan Rd., Huaugyan, 
Taizhou, China;
    Jiangsu Sainty Corporation, Ltd., 98 Jian Ye Road, Nanjing, China;
    (c) Everett Snotherly, 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
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as the presiding administrative law judge.
    Responses to the complainant 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: June 16, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-14038 Filed 6-21-04; 8:45 am]
BILLING CODE 7020-02-M