[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Notices]
[Pages 68865-68866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30756]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-696]


In the Matter of Certain Restraining Systems for Transport 
Containers, Components Thereof, and Methods of Using Same; 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 November 24, 2009 under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Matthew Bullock of McLean, Virginia and Walnut Industries, Inc. of 
Bensalem, Pennsylvania. Supplements to the complaint were filed on 
December 9 and 11, 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 restraining systems for transport containers and components 
thereof by reason of (1) infringement of certain claims of U.S. Patent 
Nos. 6,089,802; 6,227,779; and 6,981,827; (2) infringement of U.S. 
Copyright Registration Nos. TX-6-990-095 and TX6-996-765; and (3) false 
advertising and misrepresentation. The complaint further alleges that 
an industry in the United States exists as required by subsections 
(a)(1)(A) and (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

ADDRESSES: The complaint and supplements, 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: Kecia J. Reynolds, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2580.

    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 December 22, 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:
    (a) 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 restraining systems for transport containers or components 
thereof that infringe one or more of claims 1, 15, 16, and 22 of U.S. 
Patent No. 6,089,802; claims 1 and 7 of U.S. Patent No. 6,227,779; and 
claims 1, 5, 7, and 12 of U.S. Patent No. 6,981,827, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (b) 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 restraining systems for transport containers or components 
thereof by reason of infringement of U.S. Copyright Registration No. 
TX-6-990-095 or U.S. Copyright Registration No. TX-6-996-765, and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337; and
    (c) whether there is a violation of subsection (a)(1)(A) 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 restraining systems for transport containers or components 
thereof by reason of false advertising and misrepresentation, the 
threat or effect of which is to destroy or substantially injure an 
industry in the United States.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:
Matthew Bullock, 6314 Georgetown Pike, McLean, VA 22101,
Walnut Industries, Inc., 1356 Adams Road, Bensalem, PA 19020.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Qingdao Auront Industry & Trade Co., Ltd., Columbia Village, Shazikou, 
Laoshan District, Qingdao 266102, Shandong, China.
    (c) The Commission investigative attorney, party to this 
investigation, is Kecia J. Reynolds, 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 respondent 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 the 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

[[Page 68866]]

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.

    By order of the Commission.

    Issued: December 22, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-30756 Filed 12-28-09; 8:45 am]
BILLING CODE 7020-02-P