[Federal Register Volume 74, Number 226 (Wednesday, November 25, 2009)]
[Notices]
[Pages 61706-61707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28222]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-686]


Certain Bulk Welding Wire Containers and Components Thereof and 
Welding Wire; Notice of Commission Determination Not To Review an 
Initial Determination Granting Complainant's Motion To Amend the 
Complaint and Notice 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

[[Page 61707]]

Commission has determined not to review an initial determination 
(``ID'') (Order No. 9) of the presiding administrative law judge 
(``ALJ'') granting complainant's motion to amend the complaint and 
notice of investigation.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3042. 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 September 8, 2009, based on a complaint filed by The Lincoln 
Electric Company of Cleveland, Ohio and Lincoln Global, Inc. of City of 
Industry, California (collectively, ``Lincoln''). 74 FR 46223 (Sept. 8, 
2009). 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, or 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 
United States Patent Nos. 6,260,781; 6,648,141; 6,708,864; 6,913,145; 
7,309,038; 7,398,881; and 7,410,111. Id. The complaint named five 
respondents: Atlantic China Welding Consumables, Inc., of Sichuan, 
China; ESAB AB, of G[ouml]teborg, Sweden (``ESAB AB''); Hyundai Welding 
Co., Ltd., of Seoul, Korea; Kiswel Co., Ltd. of Seoul, Korea; and 
Sidergas SpA, of Ambrogio (Verona) Italy. Id. at 46224.
    On October 28, 2009, Lincoln filed an unopposed motion to amend the 
complaint and notice of investigation to remove ESAB AB from the 
investigation and add The ESAB Group, Inc. of Florence, South Carolina 
(``The ESAB Group''). Lincoln stated that ESAB AB has represented that 
it is not involved in the manufacture, importation into the United 
States, sale for importation, or sale with the United States after 
importation of bulk wire containers, components thereof and welding 
wire. Lincoln further stated that the entity responsible for the 
activities that form the basis of Lincoln's claim against ESAB AB is 
The ESAB Group, and that neither ESAB AB nor The ESAB Group oppose the 
motion.
    On October 30, 2009, the ALJ issued Order No. 9 granting Lincoln's 
motion. None of the parties petitioned for review of Order No 9. The 
Commission has determined not to review the 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 
in section 210.42(h) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42(h)).

    Issued: November 19, 2009.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-28222 Filed 11-24-09; 8:45 am]
BILLING CODE 7020-02-P