[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63731-63732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25543]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-639]


In the Matter of Certain Spa Cover Lift Frames; Notice of a 
Commission Determination Not To Review an Initial Determination 
Amending the Complaint and Notice of Investigation and Terminating a 
Respondent on the Basis of a Consent Order Stipulation and Consent 
Order; Issuance of Consent Order; 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'') of the presiding administrative law judge (``ALJ'') in the 
above-captioned investigation amending the complaint and notice of 
investigation and terminating a respondent on the basis of a consent 
order stipulation and consent order. The Commission has also determined 
to issue the subject consent order. The investigation is terminated.

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) 708-2301. 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 at (202) 205-1810.

SUPPLEMENTARY INFORMATION: This investigation was instituted on March 
24, 2008, based on a complaint filed by Leisure Concepts, Inc. 
(``Leisure Concepts'') of Spokane, Washington. The complaint alleged 
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 spa 
cover lift frames that infringe the claims of U.S. Patent No. 
5,996,137. The complaint further alleged that an industry in the United 
States exists as required by subsection (a)(2) of section 337. The 
complainant requested that the Commission issue an exclusion order and 
cease and desist orders barring future importation and sale of the 
accused products. The Commission named the following companies as 
respondents: Pool Mart, Inc. of Depew, New York; Islander Pool and 
Spas, Inc. of Albany, New York; Glaser Enterprises, Inc. of Virginia 
Beach, Virginia; ACE Swim Service of Chili, Inc. of Rochester, New 
York; Sparco, Ltd. a/k/a Sparco Buying Group of Albany, New York; and 
Kokido, Ltd. of Kowloon, Hong Kong. The ALJ set June 24, 2009, as the 
target date for completion of the investigation. The investigation has 
previously been terminated as to all respondents except Kokido, Ltd.
    On May 19, 2008, Kokido Trading, Ltd. filed a motion seeking to 
terminate the investigation as to itself based upon a consent order 
stipulation and proposed consent order. Complainant opposed the motion; 
the Commission

[[Page 63732]]

investigative attorney supported the motion.
    The ALJ issued the subject ID (Order No. 8) on September 26, 2008, 
amending the complaint and notice of investigation to name Kokido 
Trading, Ltd. as the proper respondent rather than Kokido, Ltd. The ID 
also terminated the investigation with respect to Kokido Trading, Ltd. 
on the basis of a consent order stipulation and proposed consent order. 
No petitions for review of the ID were filed. The Commission has 
determined not to review the ID and to issue the proposed consent 
order. Since Kokido Trading, Ltd. is the last respondent, the 
investigation is terminated in its entirety.
    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.

    Dated: Issued: October 22, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-25543 Filed 10-24-08; 8:45 am]
BILLING CODE 7020-02-P