[Federal Register Volume 69, Number 156 (Friday, August 13, 2004)]
[Notices]
[Pages 50214-50215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18521]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-492]


In the Matter of Certain Plastic Grocery and Retail Bags; Notice 
of Issuance of General Exclusion Order; Termination of the 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission, having previously determined not to review the final 
initial determination (ID) issued by the presiding administrative law 
judge (ALJ) finding a violation of section 337 of the Tariff Act of 
1930, 19 U.S.C. 1337, in the above-captioned investigation, has issued 
a general exclusion order, and terminated the investigation.

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 this matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 2, 2003, based on a complaint filed by Superbag Corp. 
(``Superbag'') of Houston, Texas, against four respondents. 68 FR 24755 
(May 8, 2003). These respondents were Thai Plastic Bags Company, Ltd. 
of Thailand; Hmong Industries, Inc. of St. Paul, Minnesota; Spectrum 
Plastics, Inc. (``Spectrum'') of Cerritos, California; and Pan Pacific 
Plastics Mfg., Inc. (``Pan Pacific'') of Union City, California. 
Subsequently, the Commission granted Superbag's motion to amend the 
complaint to add six additional respondents to the investigation--
Advance Polybag, Inc. (``API'') of Metarie, Louisiana; Universal 
Polybag Co., Ltd. (``Universal'') of Thailand; Prime Source 
International LLC (``Prime Source'') of Westerville, Ohio; Nantong 
Huasheng Plastic Products Co. (``Nantong'') of China; Bee Lian Plastic 
Marketing PTE Ltd. (``Bee Lian'') of Singapore; and Polson Products 
Limited of Hong Kong. 68 FR 54740 (Sept. 18, 2003).
    Superbag's complaint alleges 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 
(``the `235 patent'').
    Prior to the hearing before the ALJ, the Commission terminated the 
investigation as to respondents Spectrum and Prime Source on the basis 
of consent orders, and as to respondents API, Universal, and Pan 
Pacific on the basis of settlement agreements. The Commission also 
found respondents Nantong and Bee Lian in default.
    On March 30, 2004, the ALJ issued his final ID and recommended 
determination on remedy and bonding, finding that there is a violation 
of section 337 and recommending that the Commission issue a general 
exclusion order. He also recommended that the bond permitting temporary 
importation during the Presidential review period be set at 80 percent 
of the entered value.
    On May 28, 2004, the Commission issued notice that it had 
determined not to review the ID, and requested written submissions on 
remedy, the public interest, and bonding. 69 FR 31638 (June 4, 2004). 
Superbag and the Commission investigative attorney timely filed 
submissions that addressed the form of remedy, if any, that should be 
ordered, the effect of a remedy on the public interest, and the amount 
of the bond that should be imposed during the 60-day Presidential 
review period.
    Having reviewed the record in this investigation, including the 
written submissions of the parties, the Commission determined that the 
appropriate form of relief is a general exclusion order prohibiting the 
unlicensed entry for consumption of plastic grocery and retail bags 
that infringe one or more of claims 1-8 and 15-19 of the `235 patent. 
The Commission also determined that the public interest factors 
enumerated in subsection (d) of section 337 do not preclude the 
issuance of the aforementioned general exclusion order, and that the 
bond during the Presidential review period shall be in

[[Page 50215]]

the amount of 80 percent of the entered value of the articles in 
question.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and Sec. Sec.  210.49-210.51 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.49-210.51.

    By order of the Commission.

    Issued: August 10, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-18521 Filed 8-12-04; 8:45 am]
BILLING CODE 7020-02-P