[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Notices]
[Pages 36356-36357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14439]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-638]


In the Matter of Certain Intermediate Bulk Containers; Notice of 
Decision Not To Review an Initial Determination Finding the Sole 
Remaining Respondent in Default; Request for Written Submissions on 
Remedy, the Public Interest, and Bonding

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 not to review an initial determination 
(``ID'') (Order No. 6) issued by the presiding administrative law judge 
(``ALJ'') finding the last remaining respondent in this investigation 
in default. Accordingly, the Commission requests written submissions, 
under the schedule set forth below, on remedy, public interest, and 
bonding.

FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3116. 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, telephone (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. 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: The Commission instituted this investigation 
on March 10, 2008, based on a complaint filed by Sch[uuml]tz Container 
Systems Inc. of North Branch, New Jersey and Protechna, S.A. of 
Switzerland (collectively, ``Sch[uuml]tz''), alleging violations of 
section 337 of the Tariff Act of 1930 (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 intermediate 
bulk containers by reason of infringement of certain claims of United 
States Patent Nos. 4,909,387; 5,253,777; and 5,673,630. 73 FR 13919 
(March 14, 2008). The complaint named Shanghai Kingtainer Packaging 
Container Co., Ltd. of China (``Kingtainer'') and Novus International, 
Inc. of St. Louis, Missouri (``Novus'') as respondents.
    On April 2, 2008, Sch[uuml]tz and Novus jointly moved to terminate 
the investigation with respect to Novus based on a settlement agreement 
between them, which motion was allowed in an unreviewed ID.
    On April 18, 2008, Sch[uuml]tz moved, pursuant to Commission Rule 
210.16(b), for an order to show cause why Kingtainer should not be 
found in default and, upon failure to show cause, for the issuance of 
an ID finding Kingtainer in default. On May 2, 2008, the ALJ ordered 
Kingtainer to show cause, no later than the close of business on May 
16, 2008, why it should not be found in default for failure to respond 
to the Complaint and Notice of Investigation (Order No. 4). No response 
to Order No. 4 was filed.
    On May 22, 2008, the ALJ issued the subject ID (Order No. 6) 
finding Kingtainer in default under Commission Rule 210.16(c). No 
petitions for review of this ID were filed. The Commission has 
determined not to review the ALJ's ID.
    Kingtainer is the last remaining respondent in this investigation, 
the investigation having been terminated with respect to the only other 
respondent based on a settlement agreement.
    Section 337(g)(1) and Commission Rule 210.16(c) authorize the 
Commission to order relief against a respondent found in default 
unless, after consideration of the public-interest factors, it finds 
that such relief should not issue. Sch[uuml]tz did not file a 
declaration stating that it was seeking a general exclusion order as 
provided in Commission Rule 210.16(c).
    In conjunction with the final disposition of this investigation, 
therefore, the Commission may: (1) Issue an order that could result in 
the exclusion of articles manufactured or imported by the defaulting 
respondent; and/or (2) issue a cease and desist order that could result 
in the defaulting respondent being required to cease and desist from 
engaging in unfair acts in the importation and sale of such articles. 
Accordingly, the Commission is interested in receiving written 
submissions that address the form of remedy, if any, that should be 
ordered. If a party seeks exclusion of an article from entry into the 
United States for purposes other than entry for consumption, the party 
should so indicate and provide information establishing that activities 
involving other types of entry either are adversely affecting it or 
likely to do so. For background, see In the Matter of Certain Devices 
for Connecting Computers via Telephone Lines, Inv. No. 337-TA-360, 
USITC Pub. 2843 (Dec. 1994) (Comm'n Op.).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) The 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation, interested 
government

[[Page 36357]]

agencies, and any other interested parties are encouraged to file 
written submissions on the issues of remedy, the public interest, and 
bonding. Complainant and the Commission investigative attorney are also 
requested to submit proposed remedial orders for the Commission's 
consideration. Complainant is further requested to state the dates that 
the asserted patents expire and the HTSUS numbers under which the 
accused products are imported. Main written submissions and proposed 
remedial orders must be filed no later than the close of business on 
July 11, 2008. Reply submissions must be filed no later than the close 
of business on July 18, 2008. No further submissions on these issues 
will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof with the Office of the Secretary on or 
before the aforementioned deadlines. Any person desiring to submit a 
document to the Commission in confidence must request confidential 
treatment unless the information has already been granted such 
treatment during the proceedings. All such requests should be directed 
to the Secretary of the Commission and must include a full statement of 
the reasons why the Commission should grant such treatment. See 19 CFR 
210.6. Documents for which confidential treatment by the Commission is 
sought will be treated accordingly. All nonconfidential written 
submissions will be available for public inspection at the Office of 
the Secretary.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.16 and 210.42-46 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.16, 210.42-46).

    By order of the Commission.

    Issued: June 20, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-14439 Filed 6-25-08; 8:45 am]
BILLING CODE 7020-02-P