[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Notices]
[Pages 47072-47073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16432]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-612]


In the Matter of Certain Nitrile Rubber Gloves; Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 19, 2007, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Tillotson Corporation d/b/a Best Manufacturing Company of Menlo, 
Georgia. Tillotson filed a

[[Page 47073]]

supplement to the complaint on August 8, 2007. The complaint, as 
supplemented, alleges violations of Sec.  337 in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of certain nitrile rubber gloves by 
reason of infringement of U.S. Patent No. Re. 35,616. The complaint 
further alleges that an industry in the United States exists as 
required by subsection (a)(2) of Sec.  337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and a permanent 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://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Vu Q. Bui, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2582.

    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 August 15, 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 Sec.  337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain nitrile 
rubber gloves by reason of infringement of one or more of claims 1 and 
17-19 of U.S. Patent No. Re. 35,616, and whether an industry in the 
United States exists as required by subsection (a)(2) of Sec.  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--
    Tillotson Corporation, d/b/a, Best Manufacturing Company, 579 
Edison Street, Menlo, Georgia 30731.
    (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:
    Cardinal Health, Inc., 7000 Cardinal Place, Dublin, Ohio 43017.
    Cardinal Health 200, Inc., 1430 Waukegan Road (MP KB-1A), McGaw 
Park, Illinois 60085.
    Cardinal Health Malaysia 211 Sdn. Bhd., Plot 87, Kampung Jawa 
11900, Bayan Lepas, Malaysia.
    Henry Schein, Inc., 135 Duryea Road, Melville, New York 11747.
    HSI Gloves Inc., 135 Duryea Road, Melville, New York 11747.
    Latexx Partners Berhad, Pt5054, Jalan Perusahaan 3, Kamunting, 
Industrial Estate, 34600 Kamunting, Perak, Darul Ridzuan, Malaysia.
    Medtexx Partners Inc., 102 Engle St. FL2, Englewood, New Jersey 
07631.
    (c) The Commission investigative attorney, party to this 
investigation, is Vu Q. Bui, 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.
    (4) The Commission has determined to assign this investigation to 
Judge Bullock, who is the presiding administrative law judge in Certain 
Nitrile Gloves, Inv. No. 337-TA-608, in view of the overlapping subject 
matter in the two investigations. The presiding administrative law 
judge is authorized to consolidate Inv. No. 337-TA-608 and this 
investigation if he deems it appropriate.
    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 
respondents.

    Issued: August 16, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. E7-16432 Filed 8-21-07; 8:45 am]
BILLING CODE 7020-02-P