[Federal Register Volume 70, Number 117 (Monday, June 20, 2005)]
[Notices]
[Pages 35453-35454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12037]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-542]


In the Matter of Certain DVD/CD Players and Recorders, Color 
Television Receivers and Monitors, and Components Thereof; Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

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

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 17, 2005, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
BenQ Corporation of Taiwan and BenQ America Corporation of Irvine, 
California. 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 certain DVD/CD 
players and recorders, color television receivers and monitors, and 
components thereof, by reason of infringement of claims 7-11 and 13-15 
of U.S. Patent No. 5,270,821 and claims 1, 2, 4, and 5 of U.S. Patent 
No. 6,683,842. The complaint further alleges that an industry in the 
United States exists as required by subsection (a)(3) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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 impairment 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 be 
obtained by accessing its Internet server (http://www.usitc.gov). The 
public record for this investigation may be reviewed on the 
Commission's electronic docket (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 
Procedures, 19 CFR 210.10(2004).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 13, 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 DVD/CD 
players or recorders, color television receivers or monitors, or 
components thereof, by reason of infringement of one or more of claims 
7-11 and 13-15 of U.S. Patent No. 5,270,821, or claims 1, 2, 4, or 5 of 
U.S. Patent No. 6,683,842, and whether an industry in the United States 
exists as required by subsection (a)(3) of section 337.
    (2) 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 complainants are--

BenQ Corporation, 157 Shan-Ying Rd, Gueishan, Taoyuan 333, Taiwan.
BenQ Corporation, 53 Discovery, Irvine, California 92618.

    (b) The respondent is the following company alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Thomson Inc., 10330 N. Meridian Street, Indianapolis, IN 46290-1024.

    (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
    For the investigation so instituted, the Honorable Robert L. 
Barton, Jr. is designated as the presiding administrative law judge.
    A response to the complaint and the notice of investigation must be

[[Page 35454]]

submitted by the named respondent 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 no 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 will not be granted unless good cause therefor is shown.
    Failure of the 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 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 both an 
initial determination and a final determination containing such 
findings, and may result in the issuance of an exclusion order or cease 
and desist orders or both directed against the respondent.

    By order of the Commission.
    Issued: June 14, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-12037 Filed 6-17-05; 8:45 am]
BILLING CODE 7020-02-M