[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Notices]
[Pages 53442-53443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21579]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-638]


In the Matter of: Certain Intermediate Bulk Containers; Notice of 
Commission Issuance of a Limited Exclusion Order Against Infringing 
Products of Respondent Found in Default; 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 issued a limited exclusion order against infringing 
products of Shanghai Kingtainer Packaging Container Co., Ltd., which 
was previously found in default, and has terminated the above-captioned 
investigation under section 337 of the Tariff Act of 1930, as amended 
(19 U.S.C. 1337).

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,

[[Page 53443]]

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.
    Novus was terminated from the investigation on the basis of a 
settlement.
    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 
for a finding of default upon the failure to show cause. 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, and Kingtainer was found in default. 
On June 21, 2007, Kingtainer filed with the Commission (but did not 
serve) a letter that failed to comply with the order to show cause or 
the requirements of 19 CFR 210.13(b) (response to complaint and notice 
of investigation), and that did not demonstrate any intention by 
Kingtainer to participate as a respondent in this investigation. Having 
adjudged Kingtainer in default, the Commission requested briefing from 
interested parties and the public on remedy, the public interest, and 
bonding. 73 FR 36356 (June 26, 2008).
    Sch[uuml]tz and the Commission investigative attorney submitted 
briefing responsive to the Commission's request on July 11, 2008. Each 
proposed a limited exclusion order directed to Kingtainer's accused 
products, and recommended allowing entry under bond of 100 percent of 
entered value during the period of Presidential review.
    The Commission found that the statutory requirements of section 
337(g)(1)(A)-(E) (19 U.S.C. 1337(g)(1)(A)-(E)) were met with respect to 
the defaulting respondent. Accordingly, pursuant to section 337(g)(1) 
(19 U.S.C. 1337(g)(1)) and Commission rule 210.16(c) (19 CFR 
210.16(c)), the Commission presumed the facts alleged in the complaint 
to be true.
    The Commission determined that the appropriate form of relief in 
this investigation is a limited exclusion order prohibiting the 
unlicensed entry of certain intermediate bulk containers by reason of 
infringement of claims 13, 14, 16, 17, and 31 of U.S. Patent No. 
4,909,387; claims 1, 6, 12, and 15 of U.S. Patent No. 5,253,777; and 
claim 1 of U.S. Patent No. 5,673,630; and that are manufactured abroad 
by or on behalf of, or imported by or on behalf of, respondent 
Kingtainer. The Commission further determined that the public interest 
factors enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not 
preclude issuance of the limited exclusion order. Finally, the 
Commission determined that the bond under the limited exclusion order 
during the Presidential review period shall be in the amount of 100 
percent of the entered value of the imported articles. The Commission's 
order was delivered to the President and the United States Trade 
Representative on the day of its issuance.
    The Commission has terminated this investigation. The authority for 
the Commission's determination is contained in section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. Sec.  1337), and sections 
210.16(c) and 210.41 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.16(c) and 210.41).

    By order of the Commission.

    Issued: September 11, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-21579 Filed 9-15-08; 8:45 am]
BILLING CODE 7020-02-P