[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Notices]
[Pages 35469-35470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15075]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-777]


 In the Matter of Certain Muzzle-Loading Firearms and Components 
Thereof; Notice of Institution of Investigation; Institution of 
Investigation Pursuant to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint and a motion for 
temporary relief were filed with the U.S. International Trade 
Commission on May 11, 2011, under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, on behalf of Thompson/Center Arms 
Company, Inc. of Springfield, Massachusetts and Smith & Wesson Corp. of 
Springfield, Massachusetts. A supplement to the complaint was filed on 
June 2, 2011. 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 
muzzle-loading firearms and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 7,908,781 (``the `781 
patent''); U.S. Patent No. 7,814,694 (``the `694 patent''); U.S. Patent 
No. 7,140,138 (``the `138 patent''); U.S. Patent No. 6,604,311 (``the 
`311 patent''); U.S. Patent No. 5,782,030 (``the `030 patent''); and 
U.S. Patent No. 5,639,981 (``the `981 patent''). The complaint further 
alleges that an industry in the United States exists or is in the 
process of being established 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.
    The motion for temporary relief requests that the Commission issue 
a temporary limited exclusion order and temporary cease and desist 
order prohibiting the importation into and the sale within the United 
States after importation of certain muzzle-loading firearms and 
components thereof that infringe claim 11 of the `781 patent; claims 1-
3 and 10-12 of the `694 patent; claims 19 and 20 of the `138 patent; 
claims 1 and 6 of the `311 patent; claims 1-5 of the `030 patent; and 
claims 1 and 2 of the `981 patent during the course of the Commission's 
investigation.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection

[[Page 35470]]

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: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 (2011).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 13, 2011, 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 muzzle-
loading firearms and components thereof that infringe one or more of 
claim 11 of the `781 patent; claims 1-3 and 10-12 of the `694 patent; 
claims 19 and 20 of the `138 patent; claims 1 and 6 of the `311 patent; 
claims 1-5 of the `030 patent; and claims 1 and 2 of the `981 patent, 
and whether an industry in the United States exists or is in the 
process of being established as required by subsection (a)(2) of 
section 337;
    (2) Pursuant to section 210.58 of the Commission's Rules of 
Practice and Procedure, 19 C.F.R. Sec.  210.58, the motion for 
temporary relief under subsection (e) of section 337 of the Tariff Act 
of 1930, which was filed with the complaint, is provisionally accepted 
and referred to the presiding administrative law judge for 
investigation;
    (3) 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:

Thompson/Center Arms Company, Inc., 2100 Roosevelt Avenue, Springfield, 
MA 01104.
Smith & Wesson Corp., 2100 Roosevelt Avenue, Springfield, MA 01104.

    (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:

Dikar Sociedad Cooperativa Limitada, Calle Urarte Kalea--Pol. Ind. San, 
Lorenzo 26 APTDO 193 20570 Bergara, Spain,
Bergara Barrels Europe, Urarte, 26 Bergara 20570, Spain.
Blackpower Products Inc., 1685 Boggs Road, Suite 300, Duluth, GA 30096.
Connecticut Valley Arms, 1685 Boggs Road, Suite 300, Duluth, GA 30096.
Bergara Barrels North America, 1685 Boggs Road, Suite 300, Duluth, GA 
30096.
Ardesa Firearms, Camino de Talleri, s/n, 48170 Zamudio-Vizcoya, Spain.
Traditional Sporting Goods, Inc., d/b/a Traditions Sporting Firearms, 
1375 Boston Post Road, P.O. Box 776, Old Saybrook, CT 06475.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; 
and
    (4) 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 Sec.  210.13. 
Pursuant to 19 CFR Sec.  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: June 14, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-15075 Filed 6-16-11; 8:45 am]
BILLING CODE 7020-02-P