In the Matter of Certain Spa Cover Lift Frames; Notice of Investigation, 15537-15538 [E8-5836]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Notices]
[Pages 15537-15538]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5836]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-639]


In the Matter of Certain Spa Cover Lift Frames; Notice of 
Investigation

AGENCY: U.S. 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 February 20, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Leisure Concepts, Inc. of Spokane, Washington. 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 spa cover lift frames that infringe the 
claims of U.S. Patent No. 5,996,137. The complaint further alleges that 
an industry in the United States exists as required by subsection 
(a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent 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: David O. Lloyd, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2576.
    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 17, 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 spa cover 
lift frames that infringe one or more of claims 1-24 of U.S. Patent No. 
5,996,137, 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 complainant is--

Leisure Concepts, Inc., 5342 N. Florida Street, Spokane, Washington 
99217-6702.

    (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:


[[Page 15538]]


Kokido, Ltd., 1319 Sumbean Center, Shing Yip Street, Kwun Tong, 
Kowloon, Hong Kong.
SPARCO, Ltd. a/k/a SPARCO Buying Group, or SPARCO Distribution Network, 
1967-73 Central Avenue, Albany, New York 12205.
ACE Swim Service of Chili, Inc., d/b/a Ace Swim & Leisure, 3313 Chili 
Avenue, Rochester, New York 14624-5300.
Glaser Enterprises, Inc., d/b/a East Coast Leisure Center, 2973 
Virginia Beach Boulevard, Virginia Beach, Virginia 23452.
Islander Pool and Spas, Inc., 1967-73 Central Avenue, Albany, New York 
12205.
Pool Mart, Inc., 6410 Transit Road, Depew, New York 14043-1033.

    (c) The Commission investigative attorney, party to this 
investigation, is David O. Lloyd, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401T, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Theodore R. 
Essex 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 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 18, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-5836 Filed 3-21-08; 8:45 am]
BILLING CODE 7020-02-P