In the Matter of Certain Tissue Converting Machinery, Including Rewinders, Tail Sealers, Trim Removers, and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting Adding a Complainant and Amending the Notice of Investigation, 10065 [E6-2796]

Download as PDF Federal Register / Vol. 71, No. 39 / Tuesday, February 28, 2006 / Notices Dated: February 22, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–2781 Filed 2–27–03; 8:45 am] BILLING CODE 3510–DS–S INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–548] In the Matter of Certain Tissue Converting Machinery, Including Rewinders, Tail Sealers, Trim Removers, and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting Adding a Complainant and Amending the Notice of Investigation U.S. International Trade Commission. ACTION: Notice. wwhite on PROD1PC65 with NOTICES AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) adding Fabio Perini S.p.A. as a complainant and amending the notice of investigation in the abovecaptioned investigation accordingly. FOR FURTHER INFORMATION CONTACT: Jonathan Engler, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3112. 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 (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: This investigation was instituted by the Commission based on a complaint filed by Fabrio Perini North America Inc. (‘‘Perini-NA’’) of Green Bay, Wisconsin. 70 FR 46884 (August 11, 2005). The complaint alleged violations of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the importation into the United VerDate Aug<31>2005 17:06 Feb 27, 2006 Jkt 208001 States, the sale for importation, and the sale within the United States after importation of certain tissue converting machinery, including rewinders, tail sealers, trim removers, and components thereof by reason of infringement of claims 1, 3, 6, 7, 8, 13, 14, and 15 of U.S. Patent No. 5,979,818, claims 1–5 of U.S. Patent No. Re. 35,729, and Claim 5 of U.S. Patent No. 5,475,917. The complaint and notice of investigation named Chan Li Machinery, Co., Ltd. (‘‘Chan Li’’) of Taipei Hsien, Taiwan as the respondent. On January 17, 2006, Chan Li moved to compel Fabio Perini S.p.A. (‘‘PeriniItaly’’) to join as a complainant, arguing that it is an indispensable party for purposes of this litigation. On January 23, 2006, Perini-NA represented that Perini-Italy consented to joinder as a complainant. The Commission Investigative Staff indicated that it supported adding Perini-Italy as a complainant. On January 25, 2006, the ALJ issued an ID (Order No. 11) adding Perini-Italy as a complainant and amending the notice of investigation accordingly. This action is taken under the authority of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, and Commission Rule 210.42, 19 CFR 210.42. Issued: February 22, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–2796 Filed 2–27–06; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–548] In the Matter of Certain Tissue Converting Machinery, Including Rewinders, Tail Sealers, Trim Removers, and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting Complainants’ Motion To Amend the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) granting complainants’’ motion to amend the PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 10065 complaint and notice of investigation in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Jonathan Engler, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3112. 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 (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: This investigation was instituted by the Commission based on a complaint filed by Fabrio Perini North America Inc. (‘‘Perini-NA’’) of Green Bay, Wisconsin. 70 FR 46884 (August 11, 2005). The complaint alleged violations section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain tissue converting machinery, including rewinders, tail sealers, trim removers, and components thereof by reason of infringement of claims 1, 3, 6, 7, 8, 13, 14, and 15 of U.S. Patent No. 5,979,818, claims 1–5 of U.S. Patent No. Re. 35,729, and Claim 5 of U.S. Patent No. 5,475,917. The complaint and notice of investigation named Chan Li Machinery, Co., Ltd. (‘‘Chan Li’’) of Taipei Hsien, Taiwan as the respondent. On November 15, 2005, Perini-NA filed a ‘‘Motion to File a First Amended Complaint’’ to add an additional patent to this investigation, i.e. United States Patent No. 6,948,677 (the ‘‘677 patent’’), which issued on September 27, 2005. On December 5, 2005, the ALJ denied this motion, finding that Perini-NA had failed to provide a sufficient basis to allege that machines practicing the ‘677 patent had been imported or sold since issuance of the patent, or would be imported or sold in the future. On January 4, 2006, Perini-NA filed its ‘‘Renewed Motion to Amend the Complaint and Notice of Investigation’’, based on additional discovery. On January 17, 2006, Chan Li filed its E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Notices]
[Page 10065]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2796]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-548]


In the Matter of Certain Tissue Converting Machinery, Including 
Rewinders, Tail Sealers, Trim Removers, and Components Thereof; Notice 
of Commission Decision Not To Review an Initial Determination Granting 
Adding a Complainant and Amending the Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') 
adding Fabio Perini S.p.A. as a complainant and amending the notice of 
investigation in the above-captioned investigation accordingly.

FOR FURTHER INFORMATION CONTACT: Jonathan Engler, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3112. 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 
(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: This investigation was instituted by the 
Commission based on a complaint filed by Fabrio Perini North America 
Inc. (``Perini-NA'') of Green Bay, Wisconsin. 70 FR 46884 (August 11, 
2005). The complaint alleged violations of section 337 of the Tariff 
Act of 1930, 19 U.S.C. 1337, in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain tissue converting machinery, including 
rewinders, tail sealers, trim removers, and components thereof by 
reason of infringement of claims 1, 3, 6, 7, 8, 13, 14, and 15 of U.S. 
Patent No. 5,979,818, claims 1-5 of U.S. Patent No. Re. 35,729, and 
Claim 5 of U.S. Patent No. 5,475,917. The complaint and notice of 
investigation named Chan Li Machinery, Co., Ltd. (``Chan Li'') of 
Taipei Hsien, Taiwan as the respondent.
    On January 17, 2006, Chan Li moved to compel Fabio Perini S.p.A. 
(``Perini-Italy'') to join as a complainant, arguing that it is an 
indispensable party for purposes of this litigation. On January 23, 
2006, Perini-NA represented that Perini-Italy consented to joinder as a 
complainant. The Commission Investigative Staff indicated that it 
supported adding Perini-Italy as a complainant. On January 25, 2006, 
the ALJ issued an ID (Order No. 11) adding Perini-Italy as a 
complainant and amending the notice of investigation accordingly.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and Commission Rule 210.42, 19 CFR 
210.42.

    Issued: February 22, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-2796 Filed 2-27-06; 8:45 am]
BILLING CODE 7020-02-P