[Federal Register Volume 71, Number 118 (Tuesday, June 20, 2006)]
[Notices]
[Pages 35450-35451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9671]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-575]


In the Matter of Certain Lighters; 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 16, 2006, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Zippo Manufacturing Co., Inc. of Bradford, Pennsylvania and ZippMark, 
Inc. of Wilmington, Delaware. A supplement to the complaint was filed 
on June 5, 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 lighters by reason of infringement of U.S. Trademark 
Registration No. 2,606,241. The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order and cease and desist orders.

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: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2571.

    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 (2006).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 14, 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 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 lighters by 
reason of infringement of U.S. Trademark Registration No. 2,606,241, 
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 complainants are--
Zippo Manufacturing Co., Inc., 33 Barbour Street, Bradford, PA 16701.
ZippMark, Inc., 103 Springer Building, Silverside Road, Wilmington, DE 
19810.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Tung Fong International Promotion Co., Ltd, Unit C9-21/F., Wah Lok 
Industrial Ctr., 31-41 Shan Mei St., Fo Tan, N.T., Kln., Hong Kong.
Wenzhou Star Smoking Set Co., Ltd. (aka Wenzhou Hengxing Smoking Set 
Co., Ltd.), Shuangboa Road, Ouhai Economic Development Area, Wenzhou, 
China.
Taizhou Rongshi Lighter Development Co., Ltd., (aka Rongshi 
Enterprise), Chayu Industrial Zone, Zeguo Wenling, Zhejiang, China.
Wenzhou Tailier Smoking Set Co., Ltd. (aka Wenzhou Tailier Smoking Set 
Manufacturing Co., Ltd.), No. 58 Zhugong Road, JinZhu Industrial Zone, 
Wenzhou, China 325000.
beWild.com, 2357 Bedford Avenue, Bellmore, NY 11710.
Kalan LP (dba Kalan Trendsetting Gifts & Novelties), 97 S. Union 
Avenue, Lansdowne, PA 19050.
Vista Wholesale, 1010 Meadow Lane, Greencastle, IN 46135.

    (c) The Commission investigative attorney, party to this 
investigation, is Thomas S. Fusco, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; 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 respondents 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 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 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 this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the 
respondents, to find the facts to be as alleged in the complaint and 
this notice and to enter an initial determination and 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.


[[Page 35451]]


    Issued: June 15, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-9671 Filed 6-19-06; 8:45 am]
BILLING CODE 7020-02-P