[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Notices]
[Pages 66194-66195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19073]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-588]


In the Matter of Certain Digital Multimeters, and Products With 
Multimeter Functionality; Notice of Investigation

AGENCY: 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 October 6, 2006, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Fluke Corporation of Everett, Washington. Letters supplementing the 
complaint were filed on October 27 and October 30, 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 digital multimeters, and 
products with multimeter functionality by reason of infringement of 
U.S. Trademark Registration No. 2,796,480 and also by reason of 
infringement of trade dress, the threat or effect of which is to 
destroy or substantially injure an industry in the United States. The 
complaint further alleges that there exists an industry in the United 
States with respect to the asserted intellectual property rights.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent general 
exclusion order and permanent cease and desist orders.

ADDRESSES: The complaint and supplements, except for any confidential 
information contained therein, are 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: Anne Goalwin, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2574.

    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 November 6, 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)(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 digital multimeters, or products with multimeter functionality, 
by reason of infringement of U.S. Trademark Registration No. 2,796,480, 
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)(A) 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 digital multimeters, or products with multimeter functionality, 
by reason of infringement of trade dress, the threat or effect of which 
is to destroy or substantially injure an industry in the United States;
    (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--Fluke Corporation, 6920 Seaway Boulevard, 
Everett, Washington 98203.
    (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:

Altadox, Inc., 309 E Las Flores Avenue, Arcadia, CA 91006.
Circuit Specialists, Inc., 220 S Country Club Drive 2, Mesa, 
AZ 85210.
Digitek Instruments Co., Ltd., Room 1905, Nan Fung Centre, 264-298, 
Castle Peak Road, Tsuen Wan, N.T., Hong Kong.
Electronic Specialties, Inc., 2449 Piece Drive, Spring Grove, IL 60081.
Electronix Express, A Division of R.S.R. Electronics, Inc., 365 Blair 
Road, Avenel, New Jersey 07001.
Elenco Electronics, Inc., 150 W. Carpenter Avenue, Wheeling, IL 60090.
HandsOnTools, 1001-A E Harmony Rd, Suite 332, Fort Collins, CO 80525.
Harbor Freight Tools, 3491 Mission Oaks Blvd., Camarillo, CA 93011.
Jameco Electronics, 1355 Shoreway Road, Belmont, CA 94002.
Kaito Electronics, Inc., 5185 Cliffwood Drive, Montclair, CA 91763.
Parts Express, 725 Pleasant Valley Drive, Springboro, Ohio 45066.
Precision Mastech Enterprises Co., Room 1708-9, Hewlett Centre, 54 Hoi, 
Yuen Road, Kwun Tong, Kowloon, Hong Kong.

[[Page 66195]]

Shenzhen Everbest Machinery, Industry Co., Ltd., Room 302, No. 5, Kefa 
Road, Science Industry Park, Shenzhen, China.
ShenZhen Hongda Electronic Co., Ltd., East. 6/F, 14 Bagua-4 Road, 
Futian District, Shenzhen, China.
Shenzhen Victor Hi-Tech Co., Ltd., 3/F, Building 412, Bagua 4th Road, 
Futian District, Shenzhen City, Guangdong Province, China, 518029.
Sinometer Instruments Co. Ltd., Ginza International Building, 1056, 
Shennan Avenue, Shenzhen, China.
TechBuys, LLC, 1813 Yeager Avenue, La Verne, CA 91750.
Velleman Inc., 7354 Tower Street, Fort Worth, TX 76118.

    (c) The Commission investigative attorney, party to this 
investigation, is Anne Goalwin, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-R, 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 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 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.

    Issued: November 6, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-19073 Filed 11-9-06; 8:45 am]
BILLING CODE 7020-02-P