[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Notices]
[Pages 37110-37111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12684]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-511]


Certain Pet Food Treats; Issuance of a Limited Exclusion 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 against a respondent 
found in default in the above-captioned investigation and has 
terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Michelle Walters, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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. 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 United States Design Patent No. 383,886 (the ``886 patent''). The 
amended complaint named six respondents, including TsingTao ShengRong 
Seafood, Inc. of China (``TsingTao China''). The Commission has 
terminated the investigation as to the five other respondents based on 
findings of non-infringement, failure to prosecute, or settlement 
agreements. No petitions for review of the ALJ's Initial Determinations 
(``IDs'') were filed.
    On August 19, 2004, complainants filed a motion for an order 
directed to several respondents, including TsingTao China, to show 
cause why they should not be found in default for failing to respond to 
the complaint and notice of investigation. TsingTao China did not file 
a response to complainants' motion. On October 4, 2004, the ALJ issued 
an

[[Page 37111]]

order (Order No. 6) requiring TsingTao China to show cause why it 
should not be found in default. TsingTao China did not respond to the 
show cause order. On November 10, 2004, the ALJ issued an ID (Order No. 
8), which was not reviewed by the Commission, finding respondent 
TsingTao China in default. On November 22, 2004, the complainants filed 
a motion for immediate relief against TsingTao China based on the `886 
patent.
    On April 13, 2005, the Commission issued a notice indicating (1) 
that it had determined not to review the ALJ's ID granting the 
Commission investigative attorney's (``IA'') motion for summary 
determination of no violation because of noninfringement of the `886 
patent by Pet Center, Inc., and (2) that it was terminating the 
investigation as to the last respondent, Pet Center. 70 FR 20596 (April 
20, 2005). The Commission also requested briefing on the issues of 
remedy, the public interest, and bonding relating to the default 
finding of unlawful importation and sale of infringing products by 
TsingTao China. Id. The IA submitted his brief on remedy, the public 
interest, and bonding and his proposed order on April 25, 2005. The 
complainants did not submit a brief or a proposed order and the 
respondent did not file a reply submission.
    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 defaulting respondent TsingTao China. 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 pet food treats 
covered by the `886 patent that are manufactured abroad by or on behalf 
of, or imported by or on behalf of, TsingTao China or any of its 
affiliated companies, parents, subsidiaries, or other related business 
entities, or their successors or assigns. 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. Finally, the Commission determined that the 
amount of bond to permit temporary importation during the Presidential 
review period shall be in the amount of 100 percent of the entered 
value of the infringing imported pet food treats. The Commission's 
order was delivered to the President on the day of its 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)).

    Issued: June 22, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-12684 Filed 6-27-05; 8:45 am]
BILLING CODE 7020-02-P