[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Notices]
[Pages 42800-42801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17081]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-887]


Certain Crawler Cranes 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 June 12, 2013, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Manitowoc Cranes, LLC of Manitowoc, Wisconsin. 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 crawler cranes and components thereof by 
reason of infringement of U.S. Patent No. 7,546,928 (``the '928 
patent'') and U.S. Patent No. 7,967,158 (``the '158 patent''), and 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 
complaint further 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 crawler 
cranes and components thereof by reason of trade secret 
misappropriation, the threat or effect of which is to destroy or 
substantially injure an industry in the United States or to prevent the 
establishment of such an industry.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited 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 (2013).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 11, 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 crawler cranes and components thereof by reason of infringement 
of one or more of claims 1, 2, and 5 of the '928 patent and claim 1 of 
the '158 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;
    (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 crawler cranes and components thereof by reason of the 
misappropriation of trade secrets, the threat or effect of which is to 
destroy or substantially injure an industry in the United States or to 
prevent the establishment of such an industry;
    (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 complainant is: Manitowoc Cranes, LLC, 400 South 44th 
Street, Manitowoc, WI 54221.
    (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:

Sany Heavy Industry Co., Ltd., Sany Industry Town, Economic & 
Technological Development Zone, Changsha, Hunan Province, China.
Sany America, Inc., 318 Cooper Circle, Peachtree City, GA 30269.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
    (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(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 respondents.

    By order of the Commission.


[[Page 42801]]


     Issued: July 11, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-17081 Filed 7-16-13; 8:45 am]
BILLING CODE 7020-02-P