[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Notices]
[Pages 386-387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-36]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-528]


Certain Foam Masking Tape; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 24, 2004, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
3M Company, 3M Innovative Properties Company, both of St. Paul, 
Minnesota, and Jean Silvestre of Hamoir, Belgium. An amended complaint 
was filed on December 13, 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 foam masking tape by reason of infringement of 
claims 1-4, 7-10, 13, 16-21 and 23-24 of U.S. Patent No. 4,996,092, and 
claims 1, 3, 4, 6-8, 10-11, 13, 14 and 16 of U.S. Patent No. 5,260,097. 
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 exclusion 
order and permanent cease and desist orders.

ADDRESSES: The amended complaint and its exhibits, 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 also be obtained by accessing its internet server at 
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: Steven R. Pedersen, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2781.

    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 (2004).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 22, 2004, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation 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 foam masking 
tape by reason of infringement of one or more of claims 1-4, 7-10, 13, 
16-21 and 23-24 of U.S. Patent No. 4,996,092, or claims 1, 3, 4, 6-8, 
10-11, 13, 14 and 16 of U.S. Patent No. 5,260,097, 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

[[Page 387]]

this notice of investigation shall be served:
    (a) The complainants are--3M Company, 3M Corporate Headquarters, 3M 
Center, St. Paul, Minnesota 55144; 3M Innovative Properties Company, 3M 
Corporate Headquarters, 3M Center, St. Paul, Minnesota 55144; Mr. Jean 
Silvestre, Grand Enclos 2, 4180 Hamoir, Belgium;
    (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: Boss Auto Import, S.A., Avenida del Valles, 28, 08440 
Cardedeu, Barcelona, Spain; Chemicar USA, Inc., 670 New York Street, 
Memphis, Tennessee 38104; EMM America, Inc., 349 Owl Street, Campton, 
New Hampshire 03223; E.M.M. International B.V., Marsweg 59, 8013 PE 
Zwolle, Netherlands; Indasa, S.A., Zona Industrial de Aveiro, Lote 46, 
P.O. Box 3005, 3801-903, Aveiro, Portugal; Indasa U.S.A., Inc., 9 
Falstrom Court, Passaic, New Jersey 07055; Intertape Polymer 
Corporation, 3647 Cortez Road West, Bradenton, Florida; IPG 
Administrative Services, Inc., 3647 Cortez Road West, Bradenton, 
Florida 34210; Intertape Polymer Group, Inc., 110 E. Montee de Liesse, 
Montreal, Quebec, Canada, H4T 1N4; Saint-Gobain Abrasifs (France), Rue 
de L'Ambassadeur, BP8, 78702 Conflans-Saint-Honorine, France; Saint-
Gobain Abrasives, Inc., 1 New Bond Street, Worcester, Massachusetts 
01606; Transtar Autobody Technologies, Inc., 2040 Heiserman Drive, 
Brighton, Michigan 48114; Vosschemie GmbH, Esinger Steinweg 50, D-25436 
Uetersen, Germany.
    (c) Steven R. Pedersen, 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 Charles E. 
Bullock is designated as the presiding administrative law judge.
    A response 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 response will be 
considered by the Commission if received not 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 the response to the 
complaint and the notice of investigation 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 this notice, 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 a final determination containing such findings, and may result 
in the issuance of a limited exclusion order or cease and desist order 
or both directed against the respondent.

    By order of the Commission.

    Issued: December 28, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-36 Filed 1-3-05; 8:45 am]
BILLING CODE 7020-02-P