[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Pages 28651-28652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12210]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-718]
In the Matter of Certain Electronic Paper Towel Dispensing
Devices and Components Thereof; Notice of Investigation
AGENCY: International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on April 19, 2010, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Georgia-Pacific Consumer Products LP of Atlanta, Georgia. On May 10,
2010, the
[[Page 28652]]
complainant filed a letter supplementing the complaint. The complaint,
as supplemented, 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 electronic
paper towel dispensing devices and components thereof by reason of
infringement of certain claims of U.S. Patent Nos. 6,871,815;
7,017,856; 7,182,289; and 7,387,274. The complaint further alleges that
an industry in the United States exists as required by subsection
(a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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: Lisa A. Murray, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2734.
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 (2010).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 14, 2010, 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 electronic
paper towel dispensing devices or components thereof that infringe one
or more of claims 1-7 of U.S. Patent No. 6,871,815; claims 1-22 of U.S.
Patent No. 7,017,856; claims 1-3 of U.S. Patent No. 7,182,289; and
claims 1-22 of U.S. Patent No. 7,387,274, 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 are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is: Georgia-Pacific Consumer Products LP, 133
Peachtree Street, NE., Atlanta, GA 30303.
(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:
Kruger Products LP, 1900 Minnesota Court, Suite 200, Mississauga
(Ontario) Canada L5N 5R5;
KTG USA LP, 400 Mahannah Avenue, Memphis, TN 38107;
Stefco Industries, Inc., 1006 Marley Drive, Haines City, FL 33844;
Cellynne Corporation, 1006 Marley Drive, Haines City, FL 33844;
Draco Hygienic Products Inc., 716 S. Bon View Avenue, Ontario, CA
91761.
NetPak Electronic Plastic and Cosmetic, Inc., d/b/a Open for Business,
1642 N. Campbell Avenue, Chicago, IL 60647;
NetPak Elektronik Plastik ve Kozmetik Sanayi, Ve Ticaret Ltd., 1563 Sk.
No: 8 35110, [Idot]zmir, Turkey;
Paradigm Marketing Consortium, Inc., 350 Michael Drive, Suite 4,
Syosset, NY 11791;
United Sourcing Network Corp., 350 Michael Drive, Syosset, NY 11791;
New Choice (H.K.) Ltd., Unit 03, G/F., Block B, Shatin Ind. Centre, 5-7
Yuen Shun Circuit, Shatin, Hong Kong;
Vida International Inc., 8, Lane 281, Lung-Chiang Road,
Taipei, Taiwan.
(c) The Commission investigative attorney, party to this
investigation, is Lisa A. Murray, 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)-(e) 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.
By order of the Commission.
Issued: May 17, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-12210 Filed 5-20-10; 8:45 am]
BILLING CODE 7020-02-P