[Federal Register Volume 69, Number 250 (Thursday, December 30, 2004)]
[Notices]
[Pages 78473-78474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28634]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-511]


In the Matter of Certain Pet Food Treats; Notice of Decision Not 
To Review an Initial Determination Terminating the Investigation as to 
Respondent TsingTao U.S.

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) 
issued by the presiding administrative law judge (ALJ) in the above-
captioned investigation terminating the investigation as to respondent 
TsingTao ShengRong Seafood, Inc. of Columbus, Ohio (``TsingTao U.S.'').

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 June 8, 2004, based on a complaint filed by Thomas J. Baumgartner 
and Hillbilly Smokehouse, Inc., both of Rogers, Arkansas. 69 FR 32044. 
The complaint alleges violations of section 337 in the importation into 
the United States, sale for importation, or sale within the United 
States after importation of certain pet food treats that infringe U.S. 
Design Patent No. 383,886. The notice of investigation lists six 
companies as respondents, including TsingTao U.S.
    On August 18, 2004, complainants moved for issuance of an order 
directing several respondents, including TsingTao U.S., to show cause 
why they should not be found in default. On August 30, 2004, the 
Commission investigative attorney filed a response, noting, inter alia, 
that the complaint and notice of investigation sent to TsingTao U.S. 
were returned as undeliverable, and that it therefore appeared that 
TsingTao U.S. had not been served with those documents as required by 
section 337(g)(1)(B), 19 U.S.C. 1337(g)(1)(B).
    On October 5, 2004, the ALJ issued Order No. 6, in which find that 
service had not been effectuated on Tsing Tao U.S. For this reason, he 
found that a show cause order against TsingTao U.S. would be 
inappropriate at that time. He granted leave to complainants to attempt 
personal service on TsingTao U.S., pursuant to Commission rule 
210.11(b).
    Because complainants did not thereafter establish successful 
service or show any attempts to personally serve TsingTao U.S., the 
ALJ, on November

[[Page 78474]]

17, 2004, issued an order (Order No. 9), requiring complainants to show 
cause why the investigation should not be terminated as to TsingTao 
U.S. due to a failure to prosecute. On November 19, 2004, complainants 
responded to Order No. 9, stating that their efforts to locate TsingTao 
U.S. have proven unsuccessful, and that they therefore do not oppose 
termination of the investigation as to that respondent. On December 2, 
2004, the ALJ issued an ID (Order No. 11), terminating the 
investigation as to TsingTao U.S. 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 Sec.  210.42 of the Commission's Rules of Practice and Procedure (19 
CFR 210.42).

    By order of the Commission.

    Issued: December 27, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-28634 Filed 12-29-04; 8:45 am]
BILLING CODE 7020-02-P