[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Pages 43616-43617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18023]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1171]
Certain Child Resistant Closures With Slider Devices Having a
User Actuated Insertable Torpedo for Selectively Opening the Closures
and Slider Devices Therefor; Institution of Investigation
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 July 22, 2019, under section 337
of the Tariff Act of 1930, as amended, on behalf of Reynolds Presto
Products Inc. of Lake Forest, Illinois. Supplements to the complaint
were filed on August 8, 2019, and August 9, 2019. 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 child resistant closures with slider
devices having a user actuated insertable torpedo for selectively
opening the closures and slider devices therefor by reason of
infringement of certain claims of U.S. Patent No. 9,505,531 (``the '531
patent''); U.S. Patent No. 9,554,628 (``the '628 patent''); and U.S.
Patent no. 10,273,058 (``the '058 patent''). The complaint further
alleges that an industry in the United States exists as required by the
applicable Federal Statute.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order, or in the alternative 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 https://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2018).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 15, 2019, 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
identified in paragraph (2) by reason of infringement of one or more of
claims 1, 3, and 5-10 of the '531 patent; claims 1, 4, 6-8, 11, 12, 15,
and 19 of the '628 patent; and claims 1, 3, and 5-8 of the '058 patent;
and whether an industry in the United States exists as required by
subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``recloseable zippers
and slider devices for packages, including bags and pouches, that are
resistant to opening by young children;''
(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: Reynolds Presto Products Inc., 1900 West
Field Court, Lake Forest, IL 60045.
(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:
Dalian Takebishi Packing Industry Co., Ltd., Room 101, Unit 2, No. 125
ChangChun Road, XiGang District, Dalian, China 116011.
Dalian Altma Industry Co., Ltd., No. 36, North FuQuan Road, Economic
and Technological Development Zone, Dalian, Liaoning, China.
[[Page 43617]]
Japan Takebishi Co., Ltd., Amai Bld 8F, 1-3-9 Shintomi, Chuoh-ku,
Tokyo, Japan.
Takebishi Co., Ltd., 2418, Shigarakicho Miyamachi, Koka-Shi, Shiga,
Japan.
Shanghai Takebishi Packing Material Co., Ltd., No. 368, Ext. 5,
Rongxing Road, Songjiang District, Shanghai, China.
Qingdao Takebishi Packing Industry Co., Ltd., No. 411, Third Songshan
Road, Jimo City, Qingdao, China.
(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 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: August 16, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-18023 Filed 8-20-19; 8:45 am]
BILLING CODE 7020-02-P