[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 19007-19008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07130]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-874]


Certain Products Having Laminated Packaging, Laminated Packaging, 
and Components Thereof; Institution of Investigation Pursuant to United 
States Code

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 February 20, 2013, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Lamina Packaging Innovations LLC of Longview, Texas. An amended 
complaint was filed on March 12, 2013. The amended 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 products having laminated packaging, 
laminated packaging, and components thereof by reason of infringement 
of certain claims of U.S. Patent No. 6,207,242 (``the `242 patent'') 
and U.S. Patent No. 7,348,067 (``the `067 patent''). The amended 
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 amended 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

[[Page 19008]]

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 March 22, 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 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 products 
having laminated packaging, laminated packaging, and components thereof 
by reason of infringement of one or more of claims 1, 17, and 25 of the 
`242 patent and claims 1 and 19 of the `067 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) Notwithstanding any Commission Rules that would otherwise 
apply, the presiding Administrative Law Judge shall hold an early 
evidentiary hearing, find facts, and issue an early decision, as to 
whether the complainant has satisfied the economic prong of the 
domestic industry requirement. Any such decision shall be in the form 
of an initial determination (ID). Petitions for review of such an ID 
shall be due five calendar days after service of the ID; any replies 
shall be due three business days after service of a petition. The ID 
will become the Commission's final determination 30 days after the date 
of service of the ID unless the Commission determines to review the ID. 
Any such review will be conducted in accordance with Commission Rules 
210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. The 
Commission expects the issuance of an early ID relating to the economic 
prong of the domestic industry requirement within 100 days of 
institution, except that the presiding ALJ may grant a limited 
extension of the ID for good cause shown. The issuance of an early ID 
finding that the economic prong of the domestic industry requirement is 
not satisfied shall stay the investigation unless the Commission orders 
otherwise; any other decision shall not stay the investigation or delay 
the issuance of a final ID covering the other issues of the 
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 complainant is: Lamina Packaging Innovations LLC, 3301 W. 
Marshal Avenue, Suite 303, Longview, TX 75604.
    (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:

Remy Cointreau USA, Inc., 1290 Avenue of the Americas, 10th Floor, New 
York, NY 10104.
Pernod Ricard USA LLC, 250 Park Avenue, New York, NY 10177.
John Jameson Import Company, 100 Manhattanville Road, Purchase, NY 
10577.
Moet Hennessy USA, 85 Tenth Avenue, New York, NY 10011.
Champagne Louis Roederer, 21 Boulevard Lundy, 51100 Reims, France.
Maisons Marques & Domaines USA Inc., 383 Fourth Street, Suite 400, 
Oakland, CA 94607.
Freixenet USA, 967 Broadway, Sonoma, CA 95476.
L'Oreal USA, Inc., 575 Fifth Avenue, New York, NY 10017.
Hasbro, Inc., 1027 Newport Avenue, Pawtucket, RI 02861.
Cognac Ferrand USA, Inc., 454 5th Avenue, Suite 640, New York, NY 
10018.
WJ Deutsch & Son, 709 Westchester Avenue, Suite 300, White Plains, NY 
10604.
Diageo North America, Inc., 801 Main Avenue, Norwalk, CT 06851.
Sidney Frank Importing Co., Inc., 20 Cedar Street, New Rochelle, NY 
10801.
Beats Electronics LLC, 1601 Cloverfield Boulevard, Suite 5000N, Santa 
Monica, CA 90404.
Camus Wines & Spirits Group, 29 Rue Marguerite de Navarre, 16100 
Cognac, 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 Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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.

    Issued: March 22, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-07130 Filed 3-27-13; 8:45 am]
BILLING CODE 7020-02-P