[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Notices]
[Page 75342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27554]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-522]


In the Matter of Certain Ink Markers and Packaging Thereof; 
Notice of Commission Decision Not To Review an Initial Determination 
Amending the Complaint and Notice of Investigation To Add Three 
Additional Respondents

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 the presiding administrative 
law judge's (``ALJ's'') initial determination (``ID'') (Order. No. 5) 
amending the complaint and notice of investigation to add three 
additional respondents.

FOR FURTHER INFORMATION CONTACT: Irene H. Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3112. Copies of the 
ALJ's ID and all other 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 this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on August 18, 2004, based on a complaint filed on behalf of Sanford, 
L.P. of Freeport, Illinois (``complainant''). 69 FR 52029. The 
complaint, as supplemented, alleged 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 ink markers 
and packaging thereof by reason of infringement of U.S. Trademark 
Registration Nos. 807,818 and 2,721,523 and also by reason of 
infringement of trade dress. The notice of investigation identified 12 
respondents.
    On October 27, 2004, the complainant filed a motion to amend the 
complaint and notice of investigation, pursuant to Commission rule 
210.14(b), to add three additional respondents: (1) Big Lots Stores, 
Inc. of Columbus, Ohio; (2) Big Lots, Inc. of Columbus, Ohio; and (3) 
Two Powers Enterprise Co., Ltd. of Taipei, Taiwan.
    On November 4, 2004, the Commission investigative attorney filed a 
response supporting the motion. No other party responded to the motion.
    On November 10, 2004, the ALJ issued the subject ID granting the 
motion to amend the complaint and notice of investigation. No petitions 
for review of the ID were filed.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    Issued: December 13, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-27554 Filed 12-15-04; 8:45 am]
BILLING CODE 7020-02-P