In the Matter of Certain Intermediate Bulk Containers; Notice of Investigation, 13919-13920 [E8-5067]

Download as PDF Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Notices (c) The Commission investigative attorney, party to this investigation, is Anne M. Goalwin, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401Q, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Carl C. Charneski 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 an exclusion order or cease and desist orders or both directed against the respondent. Issued: March 10, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–5070 Filed 3–13–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION 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 (2007). [Inv. No. 337–TA–638] In the Matter of Certain Intermediate Bulk Containers; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. rwilkins on PROD1PC63 with NOTICES AGENCY: SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on VerDate Aug<31>2005 19:17 Mar 13, 2008 Jkt 214001 February 13, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Schutz Container Systems, Inc. of North Branch, New Jersey and Protechna, S.A. of Fribourg, Switzerland. A supplement was filed on March 4, 2008. 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 intermediate bulk containers that infringe certain claims of U.S. Patent Nos. 4,909,387, 5,253,777 and 5,673,630. 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 permanent exclusion order and cease and desist orders. ADDRESSES: The complaint, as supplemented, 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: T. Spence Chubb, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2575. Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on March 7, 2008, 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 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 13919 section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain intermediate bulk containers that infringe one or more of claims 1, 13, 14, 16, 17, and 31 of U.S. Patent No. 4,909,387; claims 1, 6, 12, and 15 of U.S. Patent No. 5,253,777; or claim 1 of U.S. Patent No. 5,673,630, 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— Schutz Container Systems Inc., 200 Aspen Hill Road, North Branch, New Jersey 08876–5950. Protechna, S.A., 14, Avenue de la Gare, 1700 Fribourg FR, Switzerland. (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: Shanghai Kingtainer Packaging Container, Co., Ltd., 5265 Hutai Road, Shanghai, China, 201907. Novus International, Inc., 530 Maryville Centre Drive, St. Louis, Missouri 63141. (c) The Commission investigative attorney, party to this investigation, is T. Spence Chubb, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401Q, 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 the 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 E:\FR\FM\14MRN1.SGM 14MRN1 13920 Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Notices 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 cease and desist orders or both directed against the respondent. Issued: March 10, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–5067 Filed 3–13–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. Chile FTA–103–019] Probable Economic Effect of Certain Modifications to the United StatesChile Free Trade Agreement Rules of Origin United States International Trade Commission. ACTION: Institution of investigation and request for written submissions. rwilkins on PROD1PC63 with NOTICES AGENCY: SUMMARY: Following receipt of a request on February 11, 2008, from the United States Trade Representative (USTR) under authority delegated by the President and pursuant to section 103 of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note), the Commission instituted investigation No. Chile FTA– 103–019, Probable Economic Effect of Certain Modifications to the United States-Chile Free Trade Agreement Rules of Origin. DATES: February 11, 2008: Date of receipt of request from the USTR. March 6, 2008: Date of institution of investigation. May 1, 2008: Deadline for written statements. October 31, 2008: Transmittal of report to the USTR. ADDRESSES: All Commission offices, including the Commission’s hearing rooms, are located in the United States International Trade Commission Building, 500 E Street SW., Washington, DC. All written submissions, statements, and briefs, should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW., Washington, DC 20436. FOR FURTHER INFORMATION CONTACT: Information may be obtained from Joanna Bonarriva, Office of Industries (202–205–3312, joanna.bonarriva@usitc.gov) or Linda White, Office of Industries (202–205– 3427, linda.white@usitc.gov) for information specific to this VerDate Aug<31>2005 19:17 Mar 13, 2008 Jkt 214001 investigation; for information on the legal aspects, contact William Gearhart of the Commission’s Office of the General Counsel (202–205–3091 or william.gearhart@usitc.gov). The media should contact Margaret O’Laughlin, Office of External Relations (202–205– 1819 or margaret.olaughlin@usitc.gov). Hearing impaired individuals are advised that information on this matter can be obtained by contacting the TDD terminal on (202–205–1810). General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS–ONLINE) at https://www.usitc.gov/secretary/ edis.htm. 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. SUPPLEMENTARY INFORMATION: According to the USTR’s letter, U.S. negotiators have recently reached agreement in principle with representatives of the government of Chile on the proposed modifications to Annex 4.1 of the United States-Chile Free Trade Agreement (U.S.-Chile FTA) contained in the document attached to the letter. Chapter 4 and Annex 4.1 of the U.S.Chile FTA set out the rules of origin for applying the tariff provisions of the FTA to trade in goods. Section 202(o) of the United States-Chile Free Trade Agreement Implementation Act (the Act) authorizes the President, subject to the consultation and layover requirements of section 103 of the Act, to proclaim such modifications to the rules as may from time to time be agreed to by both countries. One of the requirements set out in section 103 of the Act is that the President obtain advice from the United States International Trade Commission. The USTR has requested that the Commission provide advice on the probable economic effect of the proposed modifications on U.S. trade under the U.S.-Chile FTA and on domestic industries. A complete list of the products and the proposed modifications is available from the Office of the Secretary to the Commission or by accessing the electronic version of this notice at the Commission’s Internet site (https:// www.usitc.gov). The current U.S. rules of origin can be found in General Note 26 of the 2008 Harmonized Tariff Schedule of the United States (see ‘‘General Notes’’ link at https:// hotdocs.usitc.gov/ tariff_chapters_current/toc.html). As PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 requested, the Commission will forward its advice to the USTR by October 31, 2008, and will issue a public version of its report (with any confidential business information deleted) as soon as possible thereafter. Written Submissions: In lieu of a public hearing, interested parties are invited to submit written statements concerning the matters to be addressed by the Commission in this investigation. Submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW., Washington, DC 20436. To be assured of consideration by the Commission, written statements should be submitted to the Commission at the earliest practical date and should be received no later than the close of business on May 1, 2008. All written submissions must conform with the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 of the rules requires that a signed original (or copy designated as an original) and fourteen (14) copies of each document be filed. In the event that confidential treatment of the document is requested, at least four (4) additional copies must be filed, from which the confidential business information must be deleted (see the following paragraph for further information regarding confidential business information). The Commission’s rules authorize filing submissions with the Secretary by facsimile or electronic means only to the extent permitted by section 201.8 of the rules (see Handbook for Electronic Filing Procedures, https://www.usitc.gov/ secretary/fed_reg_notices/rules/ documents/ handbook_on_electronic_filing.pdf). Persons with questions regarding electronic filing should contact the Secretary (202–205–2000 or edis@usitc.gov). Any submissions that contain confidential business information must also conform with the requirements of section 201.6 of the Commission’s Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the ‘‘confidential’’ or ‘‘nonconfidential’’ version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available in the Office of the Secretary to the Commission for inspection by interested parties. The Commission may include some or all of the confidential business E:\FR\FM\14MRN1.SGM 14MRN1

Agencies

[Federal Register Volume 73, Number 51 (Friday, March 14, 2008)]
[Notices]
[Pages 13919-13920]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5067]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-638]


In the Matter of Certain Intermediate Bulk Containers; Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

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

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 13, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Schutz Container Systems, Inc. of North Branch, New Jersey and 
Protechna, S.A. of Fribourg, Switzerland. A supplement was filed on 
March 4, 2008. 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 
intermediate bulk containers that infringe certain claims of U.S. 
Patent Nos. 4,909,387, 5,253,777 and 5,673,630. 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 permanent exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, as supplemented, 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: T. Spence Chubb, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2575.

    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 (2007).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 7, 2008, 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 intermediate 
bulk containers that infringe one or more of claims 1, 13, 14, 16, 17, 
and 31 of U.S. Patent No. 4,909,387; claims 1, 6, 12, and 15 of U.S. 
Patent No. 5,253,777; or claim 1 of U.S. Patent No. 5,673,630, 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--

Schutz Container Systems Inc., 200 Aspen Hill Road, North Branch, New 
Jersey 08876-5950.
Protechna, S.A., 14, Avenue de la Gare, 1700 Fribourg FR, Switzerland.

    (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:

Shanghai Kingtainer Packaging Container, Co., Ltd., 5265 Hutai Road, 
Shanghai, China, 201907.
Novus International, Inc., 530 Maryville Centre Drive, St. Louis, 
Missouri 63141.

    (c) The Commission investigative attorney, party to this 
investigation, is T. Spence Chubb, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401Q, 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 the 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

[[Page 13920]]

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 cease 
and desist orders or both directed against the respondent.

    Issued: March 10, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-5067 Filed 3-13-08; 8:45 am]
BILLING CODE 7020-02-P
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