[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Notices]
[Pages 46223-46224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21542]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-686]


In the Matter of Certain Bulk Welding Wire Containers and 
Components Thereof and Welding Wire; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 7, 2009, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
The Lincoln Electric Company of Cleveland, Ohio and Lincoln Global, 
Inc. of City of Industry, California. A letter supplementing the 
complaint was filed on August 20, 2009. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain bulk welding wire containers and 
components thereof and welding wire by reason of infringement of 
certain claims of U.S. Patent Nos. 6,260,781; 6,648,141; 6,708,864; 
6,913,145; 7,309,038; 7,398,881; and 7,410,111. The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint and the supplement, except for any 
confidential information contained therein, are 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., Room 112, Washington, DC 20436, telephone 202-205-2000. 
Hearing impaired individuals are advised that information on this 
matter can be obtained by contacting the Commission's TDD terminal on 
202-205-1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 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.

FOR FURTHER INFORMATION CONTACT: Benjamin Levi, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2781.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2009).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 1, 2009, Ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain bulk welding 
wire containers or components thereof or welding wire that infringe one 
or more of claim 1 of U.S. Patent No. 6,260,781; claims 1, 4, 8, and 9 
of U.S. Patent No. 6,648,141; claims 3, 4, 6, 12, and 13 of U.S. Patent 
No. 6,708,864; claim 4 of U.S. Patent No. 6,913,145; claims 1-7, 12, 
13, 16, 19-24, 31, 33-36, 43, and 46 of U.S. Patent No. 7,309,038; 
claim 1 of U.S. Patent No. 7,398,881; and claim 11 of U.S. Patent No. 
7,410,111, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following

[[Page 46224]]

are hereby named as parties upon which this notice of investigation 
shall be served:
    (a) The complainants are--

The Lincoln Electric Company, 22801 St. Clair Avenue, Cleveland, Ohio 
44117-1199.
Lincoln Global, Inc., 17721 Railroad Street, City of Industry, 
California 91748.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Atlantic China Welding Consumables, Inc., Zigong, Sichuan 643010, 
China.
ESAB AB, Box 8004, Lindholmsallen 9, G[ouml]teborg, S-402 77, Sweden.
Hyundai Welding Co., Ltd., Ilsong Building 15F, 157-37 Samsung 1-dong, 
Gangnam-gu Seoul, 135 880, Korea.
Kiswel Co., Ltd., Huengkook Building, 43-1 Juja Dong, Seoul, Korea.
Sidergas SpA, Viale Rimembranza 17, 37010 S. Ambrogio (Verona) Italy.

    (c) The Commission investigative attorney, party to this 
investigation, is Benjamin Levi, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall designate the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    Issued: September 2, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-21542 Filed 9-4-09; 8:45 am]
BILLING CODE 7020-02-P