In the Matter of: Certain Intermediate Bulk Containers; Notice of Commission Issuance of a Limited Exclusion Order Against Infringing Products of Respondent Found in Default; Termination of Investigation, 53442-53443 [E8-21579]

Download as PDF 53442 Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices which is to substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order. ADDRESSES: The complaint and supplement, 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 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: Jeffrey T. Hsu, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2579. ebenthall on PROD1PC60 with NOTICES 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 (2008). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on September 10, 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)(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 cast steel railway wheels or certain products containing same by reason of misappropriation of trade secrets, 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— VerDate Aug<31>2005 13:43 Sep 15, 2008 Jkt 214001 Amsted Industries Incorporated, Two Prudential Plaza, 180 North Stetson Street, Suite 1800, Chicago, Illinois 60601. (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: Tianrui Group Company Limited, 63 East Guangcheng Road, Ruzhou, Henan, 467500, China. Tianrui Group Foundry Company Limited, Bus Station South, Linru Town, Ruzhou, Henan, 467541, China. Standard Car Truck Company, Inc., 865 Busse Highway, Park Ridge, Illinois 60068–2359. Barber Tianrui Railway Supply, LLC, 865 Busse Highway, Park Ridge, Illinois 60068–2359. (c) The Commission investigative attorney, party to this investigation, is Jeffrey T. Hsu, 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, Paul J. Luckern, 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(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 a cease and desist order or both directed against the respondent. PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–21588 Filed 9–15–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–638] In the Matter of: Certain Intermediate Bulk Containers; Notice of Commission Issuance of a Limited Exclusion Order Against Infringing Products of Respondent Found in Default; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order against infringing products of Shanghai Kingtainer Packaging Container Co., Ltd., which was previously found in default, and has terminated the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337). FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3116. 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 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. 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 March 10, 2008, based on a ¨ complaint filed by Schutz Container Systems Inc. of North Branch, New Jersey and Protechna, S.A. of ¨ Switzerland (collectively, ‘‘Schutz’’), alleging violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, E:\FR\FM\16SEN1.SGM 16SEN1 ebenthall on PROD1PC60 with NOTICES Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices the sale for importation, and the sale within the United States after importation of certain intermediate bulk containers by reason of infringement of certain claims of United States Patent Nos. 4,909,387; 5,253,777; and 5,673,630. 73 FR 13919 (March 14, 2008). The complaint named Shanghai Kingtainer Packaging Container Co., Ltd. of China (‘‘Kingtainer’’) and Novus International, Inc. of St. Louis, Missouri (‘‘Novus’’) as respondents. Novus was terminated from the investigation on the basis of a settlement. ¨ Schutz moved, pursuant to Commission Rule 210.16(b), for an order to show cause why Kingtainer should not be found in default, and for a finding of default upon the failure to show cause. The ALJ ordered Kingtainer to show cause, no later than the close of business on May 16, 2008, why it should not be found in default for failure to respond to the Complaint and Notice of Investigation (Order No. 4). No response to Order No. 4 was filed, and Kingtainer was found in default. On June 21, 2007, Kingtainer filed with the Commission (but did not serve) a letter that failed to comply with the order to show cause or the requirements of 19 CFR 210.13(b) (response to complaint and notice of investigation), and that did not demonstrate any intention by Kingtainer to participate as a respondent in this investigation. Having adjudged Kingtainer in default, the Commission requested briefing from interested parties and the public on remedy, the public interest, and bonding. 73 FR 36356 (June 26, 2008). ¨ Schutz and the Commission investigative attorney submitted briefing responsive to the Commission’s request on July 11, 2008. Each proposed a limited exclusion order directed to Kingtainer’s accused products, and recommended allowing entry under bond of 100 percent of entered value during the period of Presidential review. The Commission found that the statutory requirements of section 337(g)(1)(A)–(E) (19 U.S.C. 1337(g)(1)(A)–(E)) were met with respect to the defaulting respondent. Accordingly, pursuant to section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission rule 210.16(c) (19 CFR 210.16(c)), the Commission presumed the facts alleged in the complaint to be true. The Commission determined that the appropriate form of relief in this investigation is a limited exclusion order prohibiting the unlicensed entry of certain intermediate bulk containers by reason of infringement of claims 13, 14, 16, 17, and 31 of U.S. Patent No. VerDate Aug<31>2005 13:43 Sep 15, 2008 Jkt 214001 4,909,387; claims 1, 6, 12, and 15 of U.S. Patent No. 5,253,777; and claim 1 of U.S. Patent No. 5,673,630; and that are manufactured abroad by or on behalf of, or imported by or on behalf of, respondent Kingtainer. The Commission further determined that the public interest factors enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not preclude issuance of the limited exclusion order. Finally, the Commission determined that the bond under the limited exclusion order during the Presidential review period shall be in the amount of 100 percent of the entered value of the imported articles. The Commission’s order was delivered to the President and the United States Trade Representative on the day of its issuance. The Commission has terminated this investigation. 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 sections 210.16(c) and 210.41 of the Commission’s Rules of Practice and Procedure (19 CFR 210.16(c) and 210.41). By order of the Commission. Issued: September 11, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–21579 Filed 9–15–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1014, 1016, and 1017 (Review)] Polyvinyl Alcohol From China, Japan, and Korea United States International Trade Commission. ACTION: Notice of Commission determinations to conduct full five-year reviews concerning the antidumping duty orders on polyvinyl alcohol from China, Japan, and Korea. AGENCY: SUMMARY: The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping duty orders on polyvinyl alcohol from China, Japan, and Korea would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. For further information concerning the conduct of these reviews and rules of general application, consult the PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 53443 Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). DATES: Effective Date: September 5, 2008. FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter 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 (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: On September 5, 2008, the Commission determined that it should proceed to full reviews in the subject five-year reviews pursuant to section 751(c)(5) of the Act. The Commission found that the domestic interested party group response to its notice of institution (72 FR 31507, June 2, 2008) was adequate and that the respondent interested party group response with respect to Korea was adequate and decided to conduct a full review with respect to the antidumping duty order concerning polyvinyl alcohol from Korea. The Commission found that the respondent interested party group responses with respect to China and Japan were inadequate.1 However, the Commission determined to conduct full reviews concerning the antidumping duty orders on polyvinyl alcohol from China and Japan to promote administrative efficiency in light of its decision to conduct a full review with respect to the order concerning polyvinyl alcohol from Korea. A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s Web site. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published 1 Commissioner Lane dissenting with respect to China and Japan. Commissioner Pinkert dissenting with respect to Japan. E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Notices]
[Pages 53442-53443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21579]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-638]


In the Matter of: Certain Intermediate Bulk Containers; Notice of 
Commission Issuance of a Limited Exclusion Order Against Infringing 
Products of Respondent Found in Default; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order against infringing 
products of Shanghai Kingtainer Packaging Container Co., Ltd., which 
was previously found in default, and has terminated the above-captioned 
investigation under section 337 of the Tariff Act of 1930, as amended 
(19 U.S.C. 1337).

FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3116. 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 
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. 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 March 10, 2008, based on a complaint filed by Sch[uuml]tz Container 
Systems Inc. of North Branch, New Jersey and Protechna, S.A. of 
Switzerland (collectively, ``Sch[uuml]tz''), alleging violations of 
section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the 
importation into the United States,

[[Page 53443]]

the sale for importation, and the sale within the United States after 
importation of certain intermediate bulk containers by reason of 
infringement of certain claims of United States Patent Nos. 4,909,387; 
5,253,777; and 5,673,630. 73 FR 13919 (March 14, 2008). The complaint 
named Shanghai Kingtainer Packaging Container Co., Ltd. of China 
(``Kingtainer'') and Novus International, Inc. of St. Louis, Missouri 
(``Novus'') as respondents.
    Novus was terminated from the investigation on the basis of a 
settlement.
    Sch[uuml]tz moved, pursuant to Commission Rule 210.16(b), for an 
order to show cause why Kingtainer should not be found in default, and 
for a finding of default upon the failure to show cause. The ALJ 
ordered Kingtainer to show cause, no later than the close of business 
on May 16, 2008, why it should not be found in default for failure to 
respond to the Complaint and Notice of Investigation (Order No. 4). No 
response to Order No. 4 was filed, and Kingtainer was found in default. 
On June 21, 2007, Kingtainer filed with the Commission (but did not 
serve) a letter that failed to comply with the order to show cause or 
the requirements of 19 CFR 210.13(b) (response to complaint and notice 
of investigation), and that did not demonstrate any intention by 
Kingtainer to participate as a respondent in this investigation. Having 
adjudged Kingtainer in default, the Commission requested briefing from 
interested parties and the public on remedy, the public interest, and 
bonding. 73 FR 36356 (June 26, 2008).
    Sch[uuml]tz and the Commission investigative attorney submitted 
briefing responsive to the Commission's request on July 11, 2008. Each 
proposed a limited exclusion order directed to Kingtainer's accused 
products, and recommended allowing entry under bond of 100 percent of 
entered value during the period of Presidential review.
    The Commission found that the statutory requirements of section 
337(g)(1)(A)-(E) (19 U.S.C. 1337(g)(1)(A)-(E)) were met with respect to 
the defaulting respondent. Accordingly, pursuant to section 337(g)(1) 
(19 U.S.C. 1337(g)(1)) and Commission rule 210.16(c) (19 CFR 
210.16(c)), the Commission presumed the facts alleged in the complaint 
to be true.
    The Commission determined that the appropriate form of relief in 
this investigation is a limited exclusion order prohibiting the 
unlicensed entry of certain intermediate bulk containers by reason of 
infringement of claims 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; and 
claim 1 of U.S. Patent No. 5,673,630; and that are manufactured abroad 
by or on behalf of, or imported by or on behalf of, respondent 
Kingtainer. The Commission further determined that the public interest 
factors enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not 
preclude issuance of the limited exclusion order. Finally, the 
Commission determined that the bond under the limited exclusion order 
during the Presidential review period shall be in the amount of 100 
percent of the entered value of the imported articles. The Commission's 
order was delivered to the President and the United States Trade 
Representative on the day of its issuance.
    The Commission has terminated this investigation. The authority for 
the Commission's determination is contained in section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. Sec.  1337), and sections 
210.16(c) and 210.41 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.16(c) and 210.41).

    By order of the Commission.

    Issued: September 11, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-21579 Filed 9-15-08; 8:45 am]
BILLING CODE 7020-02-P
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