[Federal Register Volume 71, Number 49 (Tuesday, March 14, 2006)]
[Notices]
[Pages 13166-13167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3614]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-563]


In the Matter of Certain Portable Power Stations and Packaging 
Therefor; 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 February 8, 2006, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Roadmaster (USA) Corp. A supplemental letter was filed on February 27, 
2006. The complaint, as supplemented, 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 
portable power stations and packaging therefor by reason of 
infringement of U.S. Design Patent No. D469,739; U.S. Trademark 
Registration No. 2,594,538; and U.S. Copyright Registration No. VA-1-
261-495. The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent general 
exclusion order and 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 impairments 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 also be 
obtained by accessing its Internet server at 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.

FOR FURTHER INFORMATION CONTACT: David O. Lloyd, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2576.
    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 Procedure, 19 
CFR 210.10 (2005).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 7, 2006, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) 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 portable power stations and packaging therefor by reason of 
infringement of U.S. Design Patent No. D469,739, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of Section 337; or
    (b) whether there is a violation of subsection (a)(1)(C) 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 portable power stations and packaging therefor by reason of 
infringement of U.S. Trademark Registration No. 2,594,538, and whether 
an industry in the United States exists as required by subsection 
(a)(2) of Section 337; or
    (c) 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 portable power stations and packaging therefor by reason of 
infringement of U.S. Copyright Registration No. VA-1-261-495, and 
whether an industry in the United States exists as required by 
subsection (a)(2) 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 complainant is--
    Roadmaster (USA) Corp., 41 James Way, Eatontown, New Jersey 07724.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:
    Sinochem Ningbo, Ltd., 21 JiangXia Street, Ningbo 315000 China.
    (c) David O. Lloyd, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E

[[Page 13167]]

Street, SW., Suite 401, Washington, DC 20436, who shall be the 
Commission investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent in accordance with Sec.  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 responses will be 
considered by the Commission if received not 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 responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a 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 this notice, 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 a final determination containing such findings, and may result 
in the issuance of a limited exclusion order or cease and desist order 
or both directed against the respondent.

    By order of the Commission.

    Issued: March 9, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-3614 Filed 3-13-06; 8:45 am]
BILLING CODE 7020-02-P