[Federal Register Volume 79, Number 10 (Wednesday, January 15, 2014)]
[Notices]
[Pages 2692-2693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00566]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-904]
Certain Acousto-Magnetic Electronic Article Surveillance Systems,
Components Thereof, and Products Containing Same; Institution of
Investigation Pursuant to 19 U.S.C. 1337
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 11, 2013, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Tyco Fire & Security GmbH of Switzerland; Sensormatic Electronics, LLC
of Boca Raton, Florida; and Tyco Integrated Security, LLC of Boca
Raton, Florida. A letter supplementing the complaint was filed on
December 23, 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 acousto-magnetic electronic article surveillance systems,
components thereof, and products containing same by reason of
infringement of U.S. Patent No. 5,729,200 (``the `200 patent'') and
U.S. Patent No. 6,181,245 (``the `245 patent''). The complaint further
alleges that an industry in the United States exists as required by
subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection
[[Page 2693]]
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 January 9, 2014, 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 acousto-
magnetic electronic article surveillance systems, components thereof,
and products containing same by reason of infringement of one or more
of claims 1-4, 6, 7, and 20-25 of the `200 patent and claims 1-5 of the
`245 patent, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(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:
Tyco Fire & Security GmbH, Victor von Bruns Strasse 21, Neuhausen am
Rheinfall 8212, Switzerland;
Sensormatic Electronics, LLC, 6600 Congress Avenue, Boca Raton, FL
33487;
Tyco Integrated Security, LLC, 1501 Yamato Road, Boca Raton, Florida
33487.
(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:
Ningbo Signatronic Technologies, Ltd., 505 MingZhou Road (West), BeiLun
District, Ningbo, China 315800;
All-Tag Security Americas, Inc., 1155 Broken Sound Parkway, NW., Unit
E, Arvida Park of Commerce, Boca Raton, FL 33487;
All-Tag Security Hong Kong Co., Ltd., Unit 1211, 12/F, Tsuen Wan
Industrial Centre, 220-248 Texaco Road, Tsuen Wan N.T., Hong Kong;
All-Tag Europe SPRL, Chauss[eacute]e d'Alsemberg, 999 Boite 14, 1180
Brussels, Belgium;
All-Tag Security UK, Ltd., Unit 3 Bamford Business Park, Hibbert
Street, Stockport SK4 1PL Cheshire, United Kingdom;
Best Security Industries, 755 NW 17th Avenue Suite 101, Delray Beach,
FL 33445;
Signatronic Corporation, 1155 Broken Sound Parkway NW Unit E, Boca
Raton, FL 33487.
(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(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 9, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-00566 Filed 1-14-14; 8:45 am]
BILLING CODE 7020-02-P