[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Notices]
[Pages 23493-23494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9414]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-586]


In the Matter of Certain Stringed Musical Instruments and 
Components Thereof; Notice of Commission Determination of No Violation 
of Section 337; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to terminate the above-captioned 
investigation with a finding of no violation of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337'').

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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., Washington, DC 
20436,

[[Page 23494]]

telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server (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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: On November 3, 2006, the Commission 
instituted an investigation titled Certain Stringed Musical Instruments 
and Components Thereof, Inv. No. 337-TA-586, based upon a complaint 
filed October 3, 2006, and supplemented October 24, 2006, by Geoffrey 
McCabe (Los Angeles, California) (``McCabe''). 71 FR 64738 (Nov. 3, 
2006). The complaint alleged violations of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain stringed musical instruments and 
components thereof by reason of infringement of one or more of claims 
1-6, 8, 9, and 11 of U.S. Patent No. 6,175,066 (``the '066 patent''); 
claims 1-6 of U.S. Patent No. 5,965,831; claims 1 and 14-22 of U.S. 
Patent No. 6,891,094 (``the '094 patent''); and claims 1-3, 6-10, 14, 
15, 23, 27, 28, and 32 of U.S. Patent No. 5,986,191. The complaint 
named as respondents Floyd Rose Guitars (Redmond, Washington), Ibanez, 
Inc. (Hoshino) U.S. (Bensalem, Pennsylvania) (``Hoshino''), Vigier, 
Inc. (Grigny, France) (``Vigier''), and Schaller Electronic (Postbauer-
Heng, Germany). Hoshino and Vigier have been terminated from the 
investigation on the basis of settlement agreements. Only claims 8, 9, 
and 11 of the '066 patent and claims 1 and 14-22 of the '094 patent 
remained in the case as of the date of the final ID.
    On December 3, 2007, the administrative law judge (``ALJ'') issued 
a final initial determination (``ID'') finding no violation of section 
337, on the ground that the economic prong of the domestic industry 
requirement was not met as required by section 337(a)(2), (3)(C). 
McCabe and the Commission investigative attorney filed petitions for 
review. On December 21, 2007, the Commission issued a notice extending 
the deadline for determining whether to review the subject ID by 
fifteen (15) days until February 1, 2008. On February 1, 2008, the 
Commission issued a notice extending the deadline for determining 
whether to review the ID to February 8, 2008, and extending the target 
date for completion of the investigation to April 10, 2008. On February 
7, 2008, the Commission issued a notice of a determination to review 
the subject ID in its entirety, requesting briefing on the issues on 
review, including certain specific questions. On April 10, 2008, the 
Commission issued a notice extending the target date to April 24, 2008.
    Having considered the submissions on review and the relevant 
portions of the record, the Commission has determined to terminate the 
investigation with a finding of no violation for failure to meet the 
domestic industry requirement.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.41 
and 210.45(c) of the Commission's Rules of Practice and Procedure (19 
CFR 210.41, 210.45(c)).

    By order of the Commission.

    Issued: April 24, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-9414 Filed 4-29-08; 8:45 am]
BILLING CODE 7020-02-P