[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Notices]
[Pages 36718-36719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12989]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-609]


In the Matter of Certain Buffer Systems and Components Thereof 
Used in Container Processing Lines; 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 31, 2007, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Sidel Participations of France, Sidel Canada Inc. of Canada, and Sidel 
Inc. of Norcross, Georgia. A supplement to the complaint was filed on 
June 18, 2007. 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 buffer systems and components thereof used in container 
processing lines by reason of infringement of U.S. Patent No. 
6,168,005. The complaint, as supplemented, further alleges that a 
domestic industry exists in the United States as required by subsection 
(a)(2) of section 337.
    The complainants request 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 supplement, 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://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Juan S. Cockburn, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2572.

    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 26, 2007, 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)(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 buffer 
systems and components thereof used in container processing lines by 
reason of infringement of one or more of claims 1, 3, 4, 6-8, and 17 of 
U.S. Patent No. 6,168,005, and whether an industry exists in the United 
States 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--Sidel Participations, Avenue de la 
Patrouille de France, BP 204 Octeville-sur-Mer, 76053 Le Havre Cedex, 
France; Sidel Canada Inc., 1045 Autoroute Chomedey, Laval, Quebec H7W 
4V3, Canada; Sidel Inc., 5600 Sun Court, Norcross, Georgia 30092.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint, 
as supplemented, is to be served: Krones AG, B[ouml]hmerwaldstra e 5, 
93073 Neutraubling, Germany; Krones Inc., 9600 South 58th Street, 
Franklin, Wisconsin 53132-6241; KHS AG, Juchostrasse 20, 44143 
Dortmund, Germany; KHS USA, Inc., 880 Bahcall Court, Waukesha, 
Wisconsin 53186.
    (c) The Commission investigative attorney, party to this 
investigation, is Juan S. Cockburn, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern 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

[[Page 36719]]

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 an exclusion order or 
cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: June 28, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-12989 Filed 7-3-07; 8:45 am]
BILLING CODE 7020-02-P