[Federal Register Volume 73, Number 94 (Wednesday, May 14, 2008)]
[Notices]
[Pages 27846-27847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10687]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-647]


In the Matter of: Certain Hand-Held Meat Tenderizers; 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 April 14, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Jaccard Corporation of Orchard Park, New York. A supplement to the 
complaint was filed on May 6, 2008. 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 hand-held meat tenderizers by reason of 
infringement of U.S. Trademark Registration No. 1,172,879 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 an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint and the 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://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 May 8, 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:
    (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 hand-held meat tenderizers by reason of infringement of U.S. 
Trademark Registration No. 1,172,879, 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 hand-held meat tenderizers 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--

Jaccard Corporation, 3421 North Benzing Road, Orchard Park, New York 
14127.

    (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:

Keystone Manufacturing Co., Inc., 20 Norris Street, Buffalo, New York 
14207.
Chefmaster/Mr. Bar-B-Q Inc., 445 Winding Road, Old Bethpage, New York 
11804.


[[Page 27847]]


    (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
    (4) 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 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: May 8, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-10687 Filed 5-13-08; 8:45 am]
BILLING CODE 7020-02-P