[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Notices]
[Pages 75187-75188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30524]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-835]


Certain Food Containers, Cups, Plates, Cutlery, and Related Items 
and Packaging Thereof; Commission Determination Not To Review an 
Initial Determination Granting a Joint Motion To Terminate the 
Investigation as to Respondents on the Basis of a Settlement Agreement; 
Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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[[Page 75188]]

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 11) 
granting a joint motion to terminate the above-captioned investigation 
as to Respondents Trans World International (New York), Inc., Green 
Wave International, Inc., and John Calarese & Co. (collectively, the 
``Green Wave Respondents'') on the basis of a settlement agreement.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3041. 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 April 6, 2012, based on a complaint filed by Fabri-Kal Corporation 
of Kalamazoo, Michigan (``Fabri-Kal''). 77 FR 20846 (April 6, 2012). 
The complaint, as supplemented, alleged 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 food 
containers, cups, plates, cutlery, and related items and packaging 
thereof by reason of infringement of U.S. Trademark Registration No. 
3,021,945. The complaint further alleged that an industry in the United 
States exists as required by subsection (a)(2) of section 337. The 
complainant requested that the Commission institute an investigation 
and, after the investigation, issue an exclusion order and cease and 
desist orders. The notice of investigation named the following 
companies as respondents: Green Wave International Inc., Brooklyn, NY; 
Trans World International (New York), Inc., Brooklyn, NY; John Calarese 
& Co., Inc., Medway, MA; and Eco Greenwares, Fremont, CA.
    On October 25, 2012, Fabri-Kal and the Green Wave Respondents filed 
a joint motion to terminate the investigation as to the Green Wave 
Respondents on the basis of a settlement agreement. Commission staff 
filed a response in support of the motion on November 5, 2012.
    On November 14, 2012, the ALJ issued the subject ID, granting the 
joint motion to terminate the Green Wave Respondents from the 
investigation. The ALJ found that the settlement agreement complies 
with the requirements of Commission Rule 210.21(b) (19 CFR 210.21(b)) 
and that terminating the Green Wave Respondents from the investigation 
would not be contrary to the public interest. None of the parties 
petitioned for review of the ID.
    The Commission has determined not to review the ID and there are no 
remaining respondents. Accordingly, this investigation is terminated.
    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 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    Issued: December 14, 2012.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-30524 Filed 12-18-12; 8:45 am]
BILLING CODE 7020-02-P