[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Notices]
[Pages 48903-48904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19403]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-874]


Certain Products Having Laminated Packaging, Laminated Packaging, 
and Components Thereof; Commission Decision To Review an Initial 
Determination; Termination of the Investigation With a Finding of No 
Violation of Section 337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review the presiding administrative law 
judge's (``ALJ'') initial determination (``ID'') (Order No. 15), which, 
inter alia, found that the complainant did not satisfy the economic 
prong of the domestic industry requirement. On review, the Commission 
has determined to reverse the ALJ's findings regarding the Commission's 
authority to direct the issuance of an early ID. The Commission has 
also determined that the complainant has not satisfied the economic 
prong of the domestic industry requirement. Accordingly, the 
investigation is terminated with a finding of no violation of section 
337.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2532. 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 March 28, 2013, based on a complaint and amended complaint filed by 
Lamina Packaging Innovations, Inc. of Longview, Texas (``Lamina'') 
alleging a violation of section 337 by virtue of the infringement of 
certain claims of nine patents. 78 FR 19,007. The subject products are 
certain laminated packaging materials, products packaged with such 
materials, and components thereof, and are alleged to infringe certain 
claims of U.S. Patent Nos. 6,207,242 (``the '242 patent'') and 
7,348,067 (``the '067 patent''). The notice of investigation named 
fifteen respondents: Remy Cointreau USA, Inc. of New York, New York; 
Pernod Ricard USA LLC of Purchase, New York; Moet Hennessy USA of New 
York, New York; Champagne Louis Roederer of Reims, France; Maisons 
Marques & Domaines USA Inc. of Oakland, California; Freixenet USA of 
Sonoma, California; L'Oreal USA, Inc. of New York, New York 
(``L'Oreal''); Hasbro, Inc. of Pawtucket, Rhode Island; Cognac Ferrand 
USA, Inc. of New York, New York, WJ Deutsch & Son of White Plains, New 
York; Diageo North America, Inc. of Norwalk, Connecticut; Sidney Frank 
Importing Co., Inc. of New Rochelle, New York (``Sidney Frank''); Beats 
Electronics LLC of Santa Monica, California; and Camus Wine & Spirits 
Group of Cognac, France (``Camus''). Camus, Sidney Frank, and L'Oreal 
have since been terminated from this investigation on the basis of 
settlement agreements with Lamina. Notice at 2 (May 30, 2013) 
(terminating Camus and Sidney Frank); Notice at 2 (July 2, 2013) 
(terminating L'Oreal).
    The Commission's notice of institution directed the presiding 
Administrative Law Judge (``ALJ'') to conduct an early hearing and to 
issue an early decision on whether Lamina ``has satisfied the economic 
prong of the

[[Page 48904]]

domestic industry requirement.'' 78 FR 19,008.
    The ALJ conducted a hearing on the domestic-industry issue on May 
16-17, 2013. On July 5, 2013, the ALJ issued an initial determination, 
which found that Lamina had not demonstrated the existence of a 
domestic industry as required by 19 U.S.C. 1337(a)(2), (a)(3). Order 
No. 15 (``the ID'').
    On July 12, 2013, the parties filed petitions for review. On July 
17, 2013, the parties filed replies to the others' petitions.
    The Commission has determined to review the ID. On review, the 
Commission has determined to reverse the ALJ's findings regarding the 
Commission's authority to direct the issuance of an early ID. The 
Commission has also determined that the complainant has not satisfied 
the economic prong of the domestic industry requirement. Accordingly, 
the investigation is terminated with a finding of no violation of 
section 337. The Commission's reasoning in support of its 
determinations will be set forth more fully in a forthcoming opinion.
    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 sections 210.42-.210.45 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-210.45).

    By order of the Commission.

    Issued: August 6, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-19403 Filed 8-9-13; 8:45 am]
BILLING CODE 7020-02-P