[Federal Register Volume 70, Number 47 (Friday, March 11, 2005)]
[Notices]
[Pages 12239-12240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4872]



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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-532]


In the Matter of Certain Automotive Fuel Caps and Components 
Thereof; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337 and 
provisional acceptance of motion for temporary relief.

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SUMMARY: Notice is hereby given that a complaint and motion for 
temporary relief were filed with the U.S. International Trade 
Commission on January 28, 2005, under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, on behalf of Stant Manufacturing, 
Inc., of Connersville, Indiana. The 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 
automotive fuel caps and components thereof by reason of infringement 
of claims 1, 5, and 6 of U.S. Patent No. 5,449,086, claims 32, 38, 39, 
and 41 of U.S. Patent No. 5,794,806, claims 1, 2, 10, and 13-15 of U.S. 
Patent No. 5,480,055, and claims 11-13, 19-22, 24-29, 31, 32, and 34-42 
of U.S. Patent No. 4,678,097. The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and permanent cease and desist orders.
    The motion for temporary relief requests that the Commission issue 
a temporary limited exclusion order and temporary cease and desist 
orders prohibiting the importation into and the sale within the United 
States after importation of certain automotive fuel caps and components 
thereof that infringe claim 1 of U.S. Patent No. 5,449,086, claims 38 
and 39 of U.S. Patent No. 5,794,806, and claims 1 and 2 of U.S. Patent 
No. 5,480,055 during the course of the Commission's investigation.

ADDRESSES: The complaint and motion for temporary relief, 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 document information system 
(EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2579.

    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 (2003). The authority for provisional 
acceptance of the motion for temporary relief is contained in 
section 210.58, 19 CFR 210.58.

    Scope of Investigation: Having considered the complaint and the 
motion for temporary relief, the U.S. International Trade Commission, 
on March 7, 2005, 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 automotive 
fuel caps or components thereof by reason of infringement of one or 
more of claims 1, 5, and 6 of U.S. Patent No. 5,449,086, claims 32, 38, 
39, and 41 of U.S. Patent No. 5,794,806, claims 1, 2, 10, and 13-15 of 
U.S. Patent No. 5,480,055, and claims 11-13, 19-22, 24-29, 31, 32, and 
34-42 of U.S. Patent No. 4,678,097 and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    (2) Pursuant to section 210.58 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.58, the motion for temporary relief 
under subsection (e) of section 337 of the Tariff Act of 1930, which 
was filed with the complaint, is provisionally accepted and referred to 
the presiding administrative law judge for investigation.
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is--Stant Manufacturing, Inc., 1620 Columbia 
Avenue, Connersville, IN 47331.
    (b) The respondents are the following companies and individuals 
alleged to be in violation of section 337, and are the parties upon 
which the complaint is to be served:

Gerdes GmbH, Siemensstr. 6, 50170 Kerpen-Sindorf, Germany;
Gerdes GmbH, Olympiastrasse 1, 26419 Schortens, Germany;
Gerdes BVBA, Bakhuisstraat 2, B-3920 Lommel, Belgium;
Theodor Gerdes, c/o Gerdes GmbH, Siemensstr. 6, 50170 Kerpen-Sindorf, 
Germany;
Ralf Gerdes, c/o Gerdes GmbH, Siemensstr. 6, 50170 Kerpen-Sindorf, 
Germany;
Monika Gerdes, c/o Gerdes GmbH, Siemensstr. 6, 50170 Kerpen-Sindorf, 
Germany.

    (c) Jay H. Reiziss, 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
    (4) For the investigation so instituted, the Honorable Sidney 
Harris is designated as the presiding administrative law judge.
    Responses to the complaint, the motion for temporary relief, and 
the notice of investigation must be submitted by the named respondents 
in accordance with section 210.13 and 210.59 of the Commission's Rules 
of Practice and Procedure, 19 CFR 210.13 and 210.59. Pursuant to 19 CFR 
201.16(d), 210.13(a), and 210.59, such responses will be considered by 
the Commission if received not later than 10 days after the date of 
service by the Commission of the complaint, the motion for temporary 
relief, and the notice of investigation. Extensions of time for 
submitting the responses to the complaint, motion for temporary relief, 
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, in the motion for temporary relief, and in 
this notice may be deemed to constitute a waiver of the right to appear 
and contest the allegations of the complaint, the motion for temporary 
relief, 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, the motion for temporary 
relief, and this notice and to enter both an initial determination and

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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 such respondent.

    Issued: March 7, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-4872 Filed 3-10-05; 8:45 am]
BILLING CODE 7020-02-P