[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Notices]
[Pages 36576-36577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15534]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-779]


Certain Flip-Top Vials and Products Using the Same; 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 was filed with the 
U.S. International Trade Commission on May 17, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of CSP 
Technologies, Inc., of Auburn, Alabama. Letters supplementing the 
complaint were filed on June 3 and June 7, 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 flip-top vials and products using the same 
by reason of infringement of certain claims of U.S. Patent No. 
7,537,137 (``the '137 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 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: 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 16, 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 flip-top 
vials and products using the same that infringe one or more of claims 
1-5 and 7 of the '137 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 Commission Rule 201.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue;
    (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 complainant is: CSP Technologies, Inc., 960 W. Veterans 
Boulevard, Auburn, Alabama 36832.
    (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: S[uuml]d-Chemie AG, Lenbachplatz 6, 80333 Munich, 
Germany; S[uuml]d-Chemie, Inc., 1600 West Hill Street, Louisville, KY 
40210; Airsec S.A.S., 6 Rue Louise Michel, 94600 Choisy le Roi, France.
    (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

[[Page 36577]]

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.
    The S[uuml]d-Chemie respondents may present to the presiding ALJ 
the matter raised in their June 6, 2011 confidential letter to the 
Commission.

    By order of the Commission.

    Issued: June 16, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-15534 Filed 6-21-11; 8:45 am]
BILLING CODE 7020-02-P