[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Page 39717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15634]



[[Page 39717]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-609]


In the Matter of Certain Buffer Systems and Components Thereof 
Used in Container Processing Lines; Notice of a Commission 
Determination Not To Review an Initial Determination Terminating Two 
Respondents From the Investigation on the Basis of a Settlement 
Agreement and License Agreement; 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 not to review an initial determination 
(``ID'') (Order No. 26) of the presiding administrative law judge 
(``ALJ'') in the above-captioned investigation terminating two 
respondents on the basis of a settlement agreement and license 
agreement and terminating the investigation.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. 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 July 5, 2007, under section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, based on a complaint filed by Sidel 
Participations of France, Sidel Canada Inc. of Canada, and Sidel Inc. 
of Norcross, Georgia. Complainants supplemented their complaint on June 
18, 2007. The respondents named in the complaint are Krones AG and KHS 
AG of Germany; Krones Inc., of Franklin, Wisconsin; and KHS USA, Inc. 
of Waukesha, Wisconsin. The complaint, as supplemented, alleged 
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 buffer systems and components thereof used in 
container processing lines by reason of infringement of U.S. Patent No. 
6,168,005. The complaint further alleged that a domestic industry 
exists in the United States as required by subsection (a)(2) of section 
337. The complainants request that the Commission issue a general 
exclusion order and cease and desist orders.
    On May 28, 2008, complainants and the two remaining respondents, 
KHS AG and KHS USA, Inc. (collectively ``KHS''), filed a joint motion 
pursuant to Commission rule 210.21 for termination of the investigation 
based upon a settlement agreement and license agreement. The Commission 
investigative attorney filed a response in support of the motion.
    On June 11, 2008, the ALJ issued the subject ID, granting the joint 
motion and terminating the investigation with respect to KHS on the 
basis of the settlement agreement and license agreement. No petitions 
for review were filed and the Commission has determined not to review 
the subject ID. The investigation is terminated.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rules 
210.21, 210.42, 19 CFR 210.21, 210.42.


    Issued: July 3, 2008.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-15634 Filed 7-9-08; 8:45 am]
BILLING CODE 7020-02-P