[Federal Register Volume 69, Number 230 (Wednesday, December 1, 2004)]
[Notices]
[Page 69951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26485]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-508]


Certain Absorbent Garments; Notice of a Commission Determination 
Not To Review an Initial Determination Terminating the Investigation 
With Respect to all Respondents on the Basis of a Consent Order; 
Issuance of Consent Order; Termination of 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 has determined not to review an initial determination 
(``ID'') of the presiding administrative law judge (``ALJ'') granting 
the joint motion of the complainants and four respondents, Grupo ABS 
Internacional, S.A. de C.V., Absormex S.A. de C.V., and ABS Bienes de 
Capital S.A. de C.V. all of Mexico, and Absormex USA, Inc., of Laredo, 
Texas, to terminate the above-captioned investigation with respect to 
those respondents on the basis of a consent order. The investigation is 
terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Esq., 
telephone 202-205-3041, Office of the General Counsel, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436. 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-ON-LINE) 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 May 2, 2004, based on a complaint filed by 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 complaint named three respondents: Grupo ABS Internacional, S.A. de 
C.V. and Absormex S.A. de C.V. of Mexico, and Absormex USA, Inc. of 
Laredo Texas. ABS Bienes de Capital S.A. de C.V. was added as a 
respondent on July 15, 2004.
    On October 12, 2004, the two complainants and the four respondents 
filed a joint motion to terminate the investigation as to all four 
respondents. The joint motion was based on a proposed consent order, 
filed pursuant to a consent order stipulation and Memorandum of 
Understanding (MOU) between the parties. The Commission Investigative 
Attorney (``IA'') filed a response in support of the motion on October 
22, 2004. The ALJ denied the joint motion on October 27, 2004 because 
it appeared to him that the parties may have intended to have the 
Commission enforce the MOU. The parties then moved for reconsideration 
of the denial of the joint motion on October 29, 2004.
    The ALJ issued the subject ID on November 2, 2004, granting the 
motion for reconsideration and terminating the investigation as to all 
four respondents on the basis of a consent order. The ALJ indicates in 
the ID that he is satisfied that the parties made clear in their motion 
for reconsideration that they do not intend for the Commission to 
enforce the MOU. The ID also indicates that the consent order 
stipulation satisfies the provisions of Commission rule 
210.21(c)(3)(i). No petitions for review of the subject ID were filed.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rule 
210.42, 19 CFR 210.42.

    Issued: November 24, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-26485 Filed 11-30-04; 8:45 am]
BILLING CODE 7020-02-P