[Federal Register Volume 70, Number 110 (Thursday, June 9, 2005)]
[Notices]
[Pages 33759-33760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11417]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-518]


In the Matter of Certain Ear Protection Devices; Notice of 
Commission Issuance of a Limited Exclusion Order and a Cease and Desist 
Order Against a Respondent Found in Default; Termination of 
Investigation

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 issued a limited exclusion order and a cease and desist 
order against a respondent found in default in the above-captioned 
investigation, and has terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street, SW., Washington, DC 20436, telephone (202) 205-3041. 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: The Commission instituted this investigation 
on August 6, 2004, based on an amended complaint filed by 180s, Inc. 
and 180s, LLC of Baltimore, Maryland. 69 FR 47955-56. The amended 
complaint 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 ear protection devices by reason of 
infringement of claims 1, 3, 13, 17-19, and 21-22 of U.S. Patent No. 
5,835,609. The complaint named nine respondents: Ningbo Electric and 
Consumer Goods, Import & Export Corp. (Ningbo) of China; Vollmacht 
Enterprise Co., Ltd. (Vollmacht) of Taiwan; March Trading of New York, 
NY; Alicia International,

[[Page 33760]]

Inc., d/b/a Lincolnwood Merchandising, of Niles, IL; Hebron Imports of 
Chicago, IL; Ross Sales of Commack, NY; Value Drugs Rock, Inc. of New 
York, NY; Song's Wholesale of Washington, DC; and Wang Da, Inc. Retail 
and Wholesales (Wang Da) of New York, NY. The complaint further alleged 
that an industry in the United States exists as required by subsection 
(a)(2) of section 337.
    The ALJ issued an ID on November 2, 2004, finding that respondents 
Ningbo, Vollmacht, and Wang Da did not respond to the complaint, notice 
of investigation, or an order to show cause. Consequently, the ALJ 
found the three respondents in default, and pursuant to Commission Rule 
210.16(b)(3), to have waived their right to appear, be served with 
documents, or contest the allegations in the complaint. No petitions 
for review of the ID were filed. The Commission did not review the ID, 
and it thereby became the determination of the Commission.
    On March 23, 2005, the complainants filed six motions for 
termination of the investigation with respect to the six remaining 
respondents. The Commission Investigative Attorney (``IA'') filed a 
response in support of the motions on March 25, 2005. On April 1, 2005, 
the ALJ granted the motions for termination. No party petitioned for 
review of this ID. On April 19, 2005, the Commission published a notice 
indicating that it would not review the ID, thereby allowing the ALJ's 
ID to become the Commission's final determination. The Commission 
requested that the parties brief the issues of remedy, the public 
interest, and bonding with respect to the three defaulting respondents.
    On April 29, 2005, complainants and the IA submitted their main 
briefs, and on May 5, 2005, complainants filed a reply brief. 
Complainants and the IA both maintained that the appropriate remedy is 
a limited exclusion order and a cease and desist order.
    The Commission found that each of the statutory requirements of 
section 337(g)(1)(A)-(E), 19 U.S.C. 1337(g)(1)(A)-(E), has been met 
with respect to the defaulting respondents. Accordingly, pursuant to 
section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission rule 210.16(c) 
19 CFR 210.16(c), the Commission presumed the facts alleged in the 
amended complaint to be true.
    The Commission determined that the appropriate form of relief in 
this investigation is a limited exclusion order prohibiting the 
unlicensed entry of certain ear protection devices that are covered by 
one or more of claims 1, 3, 13, 17-19, and 21-22 of U.S. Patent No. 
5,835,609. The order covers certain ear protection devices that are 
manufactured abroad by or on behalf of, or imported by or on behalf of 
the three defaulting respondents or any of their affiliated companies, 
parents, subsidiaries, or other related business entities, or their 
successors or assigns. The Commission also determined to issue a cease 
and desist order prohibiting domestic respondent Wang Da from 
importing, selling, marketing, advertising, distributing, offering for 
sale, transferring (except for exportation), and soliciting U.S. agents 
or distributors for ear protection devices covered by the above-
mentioned claims of the `609 patent. The Commission further determined 
that the public interest factors enumerated in section 337(g)(1), 19 
U.S.C. 1337(g)(1), do not preclude issuance of the limited exclusion 
order and cease and desist order. Finally, the Commission determined 
that the bond under the limited exclusion order during the Presidential 
review period shall be in the amount of 100 percent of the entered 
value of the imported articles. The Commission's orders were delivered 
to the President on the day of their issuance.
    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 210.16(c) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.16(c)).

    By order of the Commission.

    Issued: June 3, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-11417 Filed 6-8-05; 8:45 am]
BILLING CODE 7020-02-P