[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Notices]
[Pages 20596-20597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7878]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-511]


In the Matter of Certain Pet Food Treats; Notice of Commission 
Decision Not To Review an Initial Determination Granting the Commission 
Investigative Attorney's Motion for Summary Determination of No 
Violation; Termination of Investigation as to One Respondent; Request 
for Written Submissions on Remedy, the Public Interest, and Bonding 
With Respect to a Respondent Found in Default

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'') initial determination (``ID'') in the above-
captioned investigation granting the Commission investigative 
attorney's (``IA'') motion for summary determination of no violation 
because of noninfingement of U.S. Design Patent No. 383,866 (``the `866 
patent''). Notice is also hereby given that the Commission is 
requesting briefing on remedy, public interest, and bonding with 
respect to a respondent previously found in default.

FOR FURTHER INFORMATION CONTACT: Rodney Maze, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3065. Copies of non-
confidential 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: This patent-based section 337 investigation 
was instituted by the Commission based on a complaint filed by 
complainants Thomas J. Baumgartner and Hillbilly Smokehouse, Inc., both 
of Rogers, Arkansas (collectively ``complainants''). 69 FR 32044 (June 
8, 2004). The complainants 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 pet food 
treats by reason of infringement of the `866 patent. The complaint 
named six respondents including Pet Center, Inc. (``Pet Center'') of 
Los Angeles, California, and Tsingtao Shengrong Seafood, Inc. of China 
(``Tsingtao China''). The Commission has terminated the investigation 
as to four other respondents. No petitions for review of the ALJ's IDs 
were filed. On November 10, 2004, the ALJ found Tsingtao China in 
default (Order No. 8).
    On January 31, 2005, the IA filed a motion for summary 
determination of noninfringement of the `866 patent with respect to Pet 
Center. The complainants filed an opposition to the IA's motion on 
February 11, 2005. On March 18, 2005, the ALJ issued an ID (Order No. 
16) granting the IA's motion for summary determination. No petitions 
for review of the ID were filed. The Commission has determined not to 
review this ID and to terminate the investigation as to Pet Center.
    On November 22, 2004, the complainants filed a declaration 
requesting immediate relief against defaulting respondent Tsingtao 
China. Section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission Rule 
210.16(c), 19 CFR 210.16(c), authorizes the Commission to order limited 
relief against a respondent found in default unless, after 
consideration of public interest factors, it finds that such relief 
should not issue. The Commission may issue an order that could result 
in the exclusion of Tsingtao China's pet food treats from entry into 
the United States, and/or issue one or more cease and desist orders 
that could result in Tsingtao China being required to cease and desist 
from engaging in unfair acts in the importation and sale of its pet 
food treats. Accordingly, the Commission is interested in receiving 
written submissions that address the form of remedy, if any, that 
should be ordered. If a party seeks exclusion of an article from entry 
into the United States for purposes other than entry for consumption, 
the party should so indicate and provide information establishing that 
activities involving other types of entry either are adversely 
affecting it or are likely to do so. For background, see In the Matter 
of Certain Devices for Connecting Computers via Telephone Lines, Inv. 
No. 337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission 
Opinion).
    When the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainants and the IA are also requested to submit 
proposed remedial orders for the Commission's consideration. The 
written submissions and proposed remedial orders must be filed no later 
than close of business on April 25, 2005. Reply submissions must be 
filed no later than the close of business on May 2, 2005. No further 
submissions on these issues will be permitted unless otherwise ordered 
by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
(or portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons why the

[[Page 20597]]

Commission should grant such treatment. See section 201.6 of the 
Commission's Rules of Practice and Procedure, 19 CFR 201.6. Documents 
for which confidential treatment by the Commission is sought will be 
treated accordingly. All non-confidential written submissions will be 
available for public inspection at the Office of the Secretary.
    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 sections 210.16(c) and 210.42 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.16(c) and 210.42).

    By order of the Commission.

    Issued: April 13, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-7878 Filed 4-19-05; 8:45 am]
BILLING CODE 7020-02-P