[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Notices]
[Pages 56866-56867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22862]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-647]


In the Matter of Certain Hand-Held Meat Tenderizers; Notice of 
Decision Not To Review an Initial Determination Terminating the 
Investigation Based on the Withdrawal of the Complaint

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'') terminating the investigation based on the withdrawal of the 
complaint.

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: On May 8, 2008, the Commission instituted 
this investigation based on the complaint, as supplemented, of Jaccard 
Corporation of Orchard Park, New York (``Jaccard''), alleging 
violations of section 337 of the Tariff Act of 1930 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. 73 FR 
27846 (May 14, 2008). The respondents are Keystone Manufacturing, Inc. 
of Buffalo, New York and Mr. Bar-B-Q-, Inc. of Old Bethpage, New York. 
73 FR 41117 (July 17, 2008).
    On August 26, 2008, Jaccard moved to withdraw its complaint and 
terminate the investigation as to all respondents ``without 
prejudice.'' Respondents objected on the ground that the termination 
should be ``with prejudice.'' The investigative attorney argued that 
the investigation should be terminated based on the withdrawal of the 
complaint without styling the termination as either with or without 
prejudice. The ALJ agreed and therefore granted the termination without 
stating that it is ``with prejudice'' or ``without prejudice.'' No 
petitions for review of this ID were filed. The Commission has 
determined not to review this ID.
    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 
section 210.42 of the Commission's Rules of Practice and Procedure (19 
CFR 210.42).

    Issued: September 24, 2008.


[[Page 56867]]


    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-22862 Filed 9-29-08; 8:45 am]
BILLING CODE 7020-02-P