[Federal Register Volume 69, Number 151 (Friday, August 6, 2004)]
[Notices]
[Pages 47955-47956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18015]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-518]


Notice of Investigation; Certain Ear Protection Devices

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 July 2, 2004, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
180s, Inc. and 180s, LLC of Baltimore, Maryland. An amended complaint 
was filed on July 23, 2004. The amended complaint 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 ear protection devices by reason of infringement of claims 1, 
3, 13, 17-19, and 21-22 of U.S. Patent No. 5,835,609. The complaint 
further alleges that an industry in the United States exists as 
required by subsection (a)(2) of section 337.
    The complainants request 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 the amended complaint, 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 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.

FOR FURTHER INFORMATION CONTACT: Benjamin D. M. Wood, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2582.

    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 August 2, 2004, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation will 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 ear 
protection devices by reason of infringement of one or more of claims 
1, 3, 13, 17-19, and 21-22 of U.S. Patent No. 5,835,609, 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--180s, Inc., 701 E. Pratt Street, Suite 
180, Baltimore, Maryland 21202-3101. 180s, LLC, 701

[[Page 47956]]

E. Pratt Street, Suite 180, Baltimore, Maryland 21202-3101.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served: Ningbo Electric and Consumer Goods, Import & Export 
Corp., 17/F Ling Qiao Square, 31 Yao Hang Street, Ningbo, Zhejiang 
315000, China. Vollmacht Enterprise Co., Ltd., 5F, No. 360, Ruei Guang 
Road, Neihu, Taipei, Taiwan. March Trading, 1239 Broadway, Room 1606, 
New York, NY 10010. Alicia International, Inc., d/b/a Lincolnwood 
Merchandising, 7354 N. Caldwell Avenue, Niles, IL 60714. Hebron 
Imports, 4142 W. Lawrence Avenue, Chicago, IL 60630. Ross Sales, 231 
Commack Road, Commack, NY 11725. Value Drugs Rock, Inc., 30 Rockefeller 
Center, New York, NY 10020. Song's Wholesale, 1301-A 14th Street, NE., 
Washington, DC 20002. Wang Da, Inc. Retail and Wholesales, 230 Canal 
Street, New York, NY 10013.
    (c) Benjamin D. M. Wood, 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 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 the 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 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 the respondent.

    Issued: August 3, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-18015 Filed 8-5-04; 8:45 am]
BILLING CODE 7020-02-P