[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Notices]
[Page 34356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13927]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-919]


Certain Archery Products and Related Marketing Materials; 
Institution of Investigation Pursuant to 19 U.S.C. Sec.  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 May 9, 2014, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. Sec.  1337, on behalf 
of Bear Archery, Inc. of Evansville, Indiana and SOP Services, Inc. of 
Las Vegas, Nevada. A letter amending the complaint was filed on May 27, 
2014. The complaint, as amended, 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 archery products and related marketing materials by reason of 
infringement of: (1) Certain claims of U.S. Patent No. RE38,096 (``the 
'096 patent''); U.S. Patent No. 6,978,775 (``the '775 patent''); and 
U.S. Patent No. 7,226,375 (``the '375 patent''); and (2) U.S. Trademark 
Registration No. 2,501,255 (``the '255 trademark'') and U.S. Trademark 
Registration No. 3,312,392 (``the '392 trademark''). 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 or, in the alternative, a limited exclusion order.

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 Sec.  210.10 (2014).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 10, 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) and/or subsection 
(a)(1)(C) 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 archery products and related marketing materials 
by reason of infringement of: (1) One or more of claims 1-3, 6-12, and 
15-38 of the '096 patent and claims 1-3, 16-22, 24-26, 29, 31, and 32 
of the '775 patent; and/or (2) the '255 trademark or the '392 
trademark, including 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:

Bear Archery, Inc., 817 Maxwell Avenue, Evansville, IN 47706;
SOP Services, Inc., 2325-B Renaissance Drive, Suite 10, Las Vegas, NV 
89119.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Ningbo Topoint Outdoor Sports Co., Ltd., Build 3, No. 8, 
Dapuhe Road, Daqi Town, Beilun District, Ningbo, Zhejiang, China 
315806.
    (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 respondent in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR Sec.  210.13. 
Pursuant to 19 CFR Sec. Sec.  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.

    Dated: June 10, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-13927 Filed 6-13-14; 8:45 am]
BILLING CODE 7020-02-P