In the Matter of Certain Digital Multimeters, and Products With Multimeter Functionality; Notice of Investigation, 66194-66195 [E6-19073]

Download as PDF 66194 Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Notices Christopher G. Paulraj, Esq., 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 Honorable Sidney Harris is designated as 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(d) 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 respondents, 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 a limited exclusion order or cease and desist order or both directed against the respondents. By order of the Commission. Issued: November 6, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–19070 Filed 11–9–06; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–588] In the Matter of Certain Digital Multimeters, and Products With Multimeter Functionality; Notice of Investigation 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 (2006). International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. cprice-sewell on PROD1PC66 with NOTICES AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on SUMMARY: VerDate Aug<31>2005 15:22 Nov 09, 2006 Jkt 211001 October 6, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Fluke Corporation of Everett, Washington. Letters supplementing the complaint were filed on October 27 and October 30, 2006. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain digital multimeters, and products with multimeter functionality by reason of infringement of U.S. Trademark Registration No. 2,796,480 and also by reason of infringement of trade dress, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complaint further alleges that there exists an industry in the United States with respect to the asserted intellectual property rights. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent general exclusion order and permanent cease and desist orders. ADDRESSES: The complaint and supplements, except for any confidential information contained therein, are 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: Anne Goalwin, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2574. Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on November 6, 2006, ordered that— PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) Whether there is a violation of 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 digital multimeters, or products with multimeter functionality, by reason of infringement of U.S. Trademark Registration No. 2,796,480, and whether an industry in the United States exists as required by subsection (a)(2) of section 337, or (b) whether there is a violation of subsection (a)(1)(A) 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 digital multimeters, or products with multimeter functionality, by reason of infringement of trade dress, the threat or effect of which is to destroy or substantially injure an industry in the United States; (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 complainant is—Fluke Corporation, 6920 Seaway Boulevard, Everett, Washington 98203. (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: Altadox, Inc., 309 E Las Flores Avenue, Arcadia, CA 91006. Circuit Specialists, Inc., 220 S Country Club Drive #2, Mesa, AZ 85210. Digitek Instruments Co., Ltd., Room 1905, Nan Fung Centre, 264–298, Castle Peak Road, Tsuen Wan, N.T., Hong Kong. Electronic Specialties, Inc., 2449 Piece Drive, Spring Grove, IL 60081. Electronix Express, A Division of R.S.R. Electronics, Inc., 365 Blair Road, Avenel, New Jersey 07001. Elenco Electronics, Inc., 150 W. Carpenter Avenue, Wheeling, IL 60090. HandsOnTools, 1001–A E Harmony Rd, Suite 332, Fort Collins, CO 80525. Harbor Freight Tools, 3491 Mission Oaks Blvd., Camarillo, CA 93011. Jameco Electronics, 1355 Shoreway Road, Belmont, CA 94002. Kaito Electronics, Inc., 5185 Cliffwood Drive, Montclair, CA 91763. Parts Express, 725 Pleasant Valley Drive, Springboro, Ohio 45066. Precision Mastech Enterprises Co., Room 1708–9, Hewlett Centre, 54 Hoi, Yuen Road, Kwun Tong, Kowloon, Hong Kong. E:\FR\FM\13NON1.SGM 13NON1 Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Notices cprice-sewell on PROD1PC66 with NOTICES Shenzhen Everbest Machinery, Industry Co., Ltd., Room 302, No. 5, Kefa Road, Science Industry Park, Shenzhen, China. ShenZhen Hongda Electronic Co., Ltd., East. 6/F, 14 Bagua-4 Road, Futian District, Shenzhen, China. Shenzhen Victor Hi-Tech Co., Ltd., 3/F, Building 412, Bagua 4th Road, Futian District, Shenzhen City, Guangdong Province, China, 518029. Sinometer Instruments Co. Ltd., Ginza International Building, 1056, Shennan Avenue, Shenzhen, China. TechBuys, LLC, 1813 Yeager Avenue, La Verne, CA 91750. Velleman Inc., 7354 Tower Street, Fort Worth, TX 76118. (c) The Commission investigative attorney, party to this investigation, is Anne Goalwin, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401–R, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Charles E. Bullock is designated as 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(d) 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 a limited exclusion order or cease and desist order or both directed against the respondent. By order of the Commission. Issued: November 6, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–19073 Filed 11–9–06; 8:45 am] BILLING CODE 7020–02–P VerDate Aug<31>2005 15:22 Nov 09, 2006 Jkt 211001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–556] In the Matter of Certain HighBrightness Light Emitting Diodes and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting Complainant’s Motion To Amend the Complaint 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’’) of the presiding administrative law judge (‘‘ALJ’’) granting complainant’s motion to amend the complaint in the abovecaptioned investigation. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–5468. 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 December 8, 2005, based on a complaint filed by Lumileds Lighting U.S., LLC (‘‘Lumileds’’) of San Jose, California. 70 FR 73026. The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 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 highbrightness light emitting diodes (‘‘LEDs’’) and products containing same by reason of infringement of claims 1 and 6 of U.S. Patent No. 5,008,718; claims 1–3, 8–9, 16, 18, and 23–28 of U.S. Patent No. 5,376,580; and claims PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 66195 12–16 of U.S. Patent No. 5,502,316. The complaint further alleges the existence of a domestic industry. The Commission’s notice of investigation named Epistar Corporation (‘‘Epistar’’) of Hsinchu, Taiwan, and United Epitaxy Company (‘‘UEC’’) of Hsinchu, Taiwan as respondents. On April 28, 2006, Lumileds moved to amend the complaint to: (1) Remove UEC as a named respondent, (2) change the complainant’s full name from Lumileds Lighting U.S., LLC to Philips Lumileds Lighting Company LLC, and (3) identify additional Epistar LEDs alleged to infringe one or more patentsin-suit. The remaining respondent did not oppose the motion. On October 23, 2006, the ALJ issued the subject ID granting Lumileds’ motion, and further ordering that the Notice of Investigation be amended to identify the actual parties in the abovecaptioned investigation. No party petitioned for review of the ID pursuant to 19 CFR 210.43(a), and the Commission found no basis for ordering a review on its own initiative pursuant to 19 CFR 210.44. The Commission has determined not to review this ID. 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 210.14 and 210.42(c)) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.14, 210.42(c)). By order of the Commission. Issued: November 6, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–19071 Filed 11–9–06; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree, under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended (‘‘CERCLA’’) Pursuant to 29 CFR 50.7, notice is hereby given that on October 31, 2006, a proposed consent decree in United States v. Bill D. Stallings and Stallings Salvage, Inc., Civil action No. 3:05CV247–H, was lodged with the United States District Court for the Western District of North Carolina. This Consent decree will resolve claims asserted by the United States in a complaint previously filed against defendants Bill D. Stallings and Stallings Salvage, Inc., for past costs incurred by EPA at the Stallings Salvage Site in Monroe, North Carolina. A E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Notices]
[Pages 66194-66195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19073]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-588]


In the Matter of Certain Digital Multimeters, and Products With 
Multimeter Functionality; Notice of Investigation

AGENCY: International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 6, 2006, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Fluke Corporation of Everett, Washington. Letters supplementing the 
complaint were filed on October 27 and October 30, 2006. The complaint, 
as supplemented, alleges violations of section 337 in the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain digital multimeters, and 
products with multimeter functionality by reason of infringement of 
U.S. Trademark Registration No. 2,796,480 and also by reason of 
infringement of trade dress, the threat or effect of which is to 
destroy or substantially injure an industry in the United States. The 
complaint further alleges that there exists an industry in the United 
States with respect to the asserted intellectual property rights.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent general 
exclusion order and permanent cease and desist orders.

ADDRESSES: The complaint and supplements, except for any confidential 
information contained therein, are 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: Anne Goalwin, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2574.

    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 (2006).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 6, 2006, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) Whether there is a violation of 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 digital multimeters, or products with multimeter functionality, 
by reason of infringement of U.S. Trademark Registration No. 2,796,480, 
and whether an industry in the United States exists as required by 
subsection (a)(2) of section 337, or
    (b) whether there is a violation of subsection (a)(1)(A) 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 digital multimeters, or products with multimeter functionality, 
by reason of infringement of trade dress, the threat or effect of which 
is to destroy or substantially injure an industry in the United States;
    (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 complainant is--Fluke Corporation, 6920 Seaway Boulevard, 
Everett, Washington 98203.
    (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:

Altadox, Inc., 309 E Las Flores Avenue, Arcadia, CA 91006.
Circuit Specialists, Inc., 220 S Country Club Drive 2, Mesa, 
AZ 85210.
Digitek Instruments Co., Ltd., Room 1905, Nan Fung Centre, 264-298, 
Castle Peak Road, Tsuen Wan, N.T., Hong Kong.
Electronic Specialties, Inc., 2449 Piece Drive, Spring Grove, IL 60081.
Electronix Express, A Division of R.S.R. Electronics, Inc., 365 Blair 
Road, Avenel, New Jersey 07001.
Elenco Electronics, Inc., 150 W. Carpenter Avenue, Wheeling, IL 60090.
HandsOnTools, 1001-A E Harmony Rd, Suite 332, Fort Collins, CO 80525.
Harbor Freight Tools, 3491 Mission Oaks Blvd., Camarillo, CA 93011.
Jameco Electronics, 1355 Shoreway Road, Belmont, CA 94002.
Kaito Electronics, Inc., 5185 Cliffwood Drive, Montclair, CA 91763.
Parts Express, 725 Pleasant Valley Drive, Springboro, Ohio 45066.
Precision Mastech Enterprises Co., Room 1708-9, Hewlett Centre, 54 Hoi, 
Yuen Road, Kwun Tong, Kowloon, Hong Kong.

[[Page 66195]]

Shenzhen Everbest Machinery, Industry Co., Ltd., Room 302, No. 5, Kefa 
Road, Science Industry Park, Shenzhen, China.
ShenZhen Hongda Electronic Co., Ltd., East. 6/F, 14 Bagua-4 Road, 
Futian District, Shenzhen, China.
Shenzhen Victor Hi-Tech Co., Ltd., 3/F, Building 412, Bagua 4th Road, 
Futian District, Shenzhen City, Guangdong Province, China, 518029.
Sinometer Instruments Co. Ltd., Ginza International Building, 1056, 
Shennan Avenue, Shenzhen, China.
TechBuys, LLC, 1813 Yeager Avenue, La Verne, CA 91750.
Velleman Inc., 7354 Tower Street, Fort Worth, TX 76118.

    (c) The Commission investigative attorney, party to this 
investigation, is Anne Goalwin, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-R, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as 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(d) 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 a limited exclusion 
order or cease and desist order or both directed against the 
respondent.

    By order of the Commission.

    Issued: November 6, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-19073 Filed 11-9-06; 8:45 am]
BILLING CODE 7020-02-P