[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Notices]
[Pages 5496-5497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01553]


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 INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-863]


Certain Paper Shredders, Certain Processes for Manufacturing or 
Relating to Same and Certain Products Containing Same and Certain Parts 
Thereof

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 December 20, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Fellowes, Inc. of Itasca, Illinois and Fellowes Office Products 
(Suzhou) Co. Ltd. of China. Letters supplementing the complaint were 
filed on January 8 and 10, 2013. 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 paper shredders, certain processes for 
manufacturing or relating to same and certain products containing same 
and certain parts thereof by reason of infringement of U.S. Patent No. 
D583,859 (``the `859 patent'') and U.S. Patent No. D598,048 (``the `048 
patent'') and that an industry in the United States exists as required 
by subsection (a)(2) of section 337. The complaint also 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 paper shredders, certain processes for 
manufacturing or relating to same and certain products containing same 
and certain parts thereof by reason of misappropriation of trade 
secrets, the threat or effect of which is to destroy or substantially 
injure an industry in the United States.
    The complainants request 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 (2012).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 18, 2013, 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 paper shredders, certain processes for manufacturing or 
relating to same and certain products containing same and certain parts 
thereof by reason of infringement of the claim of the `859 patent and 
the claim of the `048 patent, 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)(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 paper shredders, certain processes for manufacturing or 
relating to same and certain products containing same and certain parts 
thereof by reason of misappropriation of trade secrets, 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:

Fellowes, Inc., 1789 Norwood Avenue, Itasca, IL 60143-1095;
Fellowes Office Products, (Suzhou) Co., Ltd., 1 Shilin Road, Suzhou New 
District, Jiangsu Province, Suzhou 215151, China.

    (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:

New United Co. Group Ltd., No. 18 Qianjia Industrial Park, Yaoguan 
Town, Wujin District, Changzhou, Jiangsu 213011, China;
Jiangsu New United Office Equipments Co. Ltd., No. 6 Qianjia Industrial 
Park, Yaoguan, Jiangsu Province 213011, China;
Shenzhen Elite Business, Office Equipment Co. Ltd., No. 88 Fuhuasan 
Road, Futian District, Unit 11D15, 11th Floor, Fortune Plaza, Shenzhen 
City, Guangdong Province, China, 518026;
Elite Business Machines Ltd., Unit 1A, 2nd Floor, Fu Tao Building, 98 
Argyle Street, Mong Kok, Kowloon, Hong Kong Special Administrative 
Region, China;
New United Office Equipment USA, Inc., 3701 Commercial Avenue, 
Northbrook, IL 60062;
Jiangsu Shinri Machinery Co. Ltd., Qianjia Industrial Park, Yaoguan 
Town, Wujin District, Changzhou, Jiangsu Province, China;

[[Page 5497]]

Zhou Licheng, No. 45, Miaotou Natural Village, Qianjia Administrative 
Village, Yaoguan Town, Wujin District, Changzhou City, Jiangsu 
Province, China, 213102;
Randall Graves, Apartment 1201, Unit C, Block 320, Nandu Section, 
Hutang New City Complex, Wujin District, Changzhou City, Jiangsu 
Province, China, 213161;
``Jessica'' Wang Chongge, Group 1, Tonguyan Village, Tongyuan Town, 
Gaoling County, Xi'an City, Shaanzi Province, China 710202.

    (c) The 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 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: January 22, 2013.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2013-01553 Filed 1-24-13; 8:45 am]
BILLING CODE 7020-02-P