[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Notices]
[Pages 22431-22432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9070]


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INTERNATIONAL TRADE COMMISSION

 [Inv. No. 337-TA-644]


In the Matter of: Certain Composite Wear Components and Products 
Containing the Same; 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 March 24, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Magotteaux International S/A of Belgium and Magotteaux, Inc. of 
Franklin, Tennessee. A letter supplementing the complaint was filed on 
April 11, 2008. The complaint as supplemented alleges violations of 
section 337 based upon the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain composite wear components and products 
containing the same that infringe all of the claims of U.S. Patent No. 
RE 39,998. 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 an 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: 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 (2007).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 21, 2008, 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 composite 
wear components and products containing the same that infringe one or 
more of claims 1-22 of U.S. Patent No. RE 39,998, 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--

Magotteaux International S/A, Rue A. Dumont, Vaux-sous-
Ch[egrave]vremont, RPM Liege--Belgium 405,785,543.
Magotteaux, Inc., 725 Cool Springs Boulevard, Franklin, Tennessee 
37067.

    (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:

AIA Engineering Limited, Plot No. 115, Gujarat Vyapari Maha Mandal, 
Industrial Estate, Odhav Road, Ahmedabad 38240, Gujarat, India.
Vega Industries, 330 Franklin Road, Suite 135-180, Brentwood, Tennessee 
37027.
F.A.R. Fonderie Acciaierie Roiale S.p.A., Via Leonardo da Vinci no. 11, 
33010 Reana del Roiale, Udine, Italy.

    (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 401B, Washington, DC 20436; and

[[Page 22432]]

    (4) For the investigation so instituted, the Honorable Theodore R. 
Essex 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 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 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 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: April 22, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-9070 Filed 4-24-08; 8:45 am]
BILLING CODE 7020-02-P