[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Notices]
[Pages 40057-40058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13611]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-532]


In the Matter of Certain Automotive Fuel Caps and Components 
Thereof; Notice of Commission Determination Not to Review an Initial 
Determination Granting a Motion To Withdraw the Complaint and Terminate 
the Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the United States International 
Trade Commission has determined not to review the administrative law 
judge's (``ALJ'') initial determination (``ID'') granting Complainant's 
motion to withdraw the complaint and terminate the above-referenced 
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 Stant 
Manufacturing, Inc. of Connersville, Indiana (``Stant''). See 70 FR 
12239 (March 11, 2005). The complaint alleged violations of section 337 
of the Tariff Act of 1930 in the importation into the United States, 
the sale for importation, and the sale in the United States after 
importation of certain automotive fuel caps and components thereof by 
reason of infringement of United States Patent Nos. 5,449,086, 
5,794,806, 5,480,055, and 4,678,097. The complaint named five 
respondents, including Gerdes GmbH, of Germany, Gerdes BVBA, or 
Belgium, Theodor Gerdes, Ralf Gerdes,

[[Page 40058]]

and Monika Gerdes, all of Germany (collectively, ``Gerdes'').
    On May 16, 2005, Stant filed a motion to terminate the 
investigation based on withdrawal of its complaint. Gerdes opposed 
Stant's motion for termination and further requested that, pursuant to 
rule 210.25(a)(2), the ALJ sua sponte impose sanctions on Stant for 
abuse of Commission process. The Commission's Investigative Attorney 
(``IA''), however, supported Stant's motion to terminate.
    The ALJ granted Stant's motion to terminate the investigation based 
on withdrawal of the complaint on June 10, 2005, but declined to impose 
sanctions on Stant (ID, Order No. 10). Gerdes filed a Petition for 
Review of the ID on June 17, 2005. Stant filed a response to Gerdes's 
petition on June 24, 2005, and the IA filed a response on June 23, 
2005.
    Having considered the ALJ's rationale and the arguments made by the 
Parties, the Commission has determined not to review the ALJ's ID 
granting Complainant's motion to terminate the investigation on the 
basis of withdrawal of the complaint. Accordingly, the above-referenced 
investigation is hereby terminated.
    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 210.42 to 210.46 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-210.46).

    Issued: July 7, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-13611 Filed 7-11-05; 8:45 am]
BILLING CODE 7020-02-M