In the Matter of Certain Foldable Stools; Notice of Investigation, 65155-65156 [E9-29352]

Download as PDF WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / Notices satisfied, finding a violation of section 337 and containing a recommended determination on remedy and bonding. The ALJ recommended that, in the event the Commission finds a violation of section 337, the Commission should issue a limited exclusion order directed to all of Respondents’ accused products found to infringe the ’737 and ’338 patents. ID at 101–104. The ALJ further recommended that if the Commission imposes a remedy following a finding of violation, Respondents should be required to post a bond of 100 percent of the entered value of accused products imported during the Presidential review period. Id. Respondents filed a combined petition for review of the ID, and Presstek and the Commission Investigative Attorney (‘‘IA’’) filed oppositions thereto. On September 24, 2009, the Commission determined to review certain aspects of the ID relating to claim construction and to modify the ID by supplementing the claim construction analysis. 74 FR 49890 (Sept. 29, 2009). The Commission also requested written submissions on the issues of remedy, the public interest and bonding, and further requested submissions of proposed remedial orders. Id. On October 5, 2009, Respondents filed a collective brief on the issues for which the Commission requested written submissions. Presstek and the IA filed their briefs on those same issues on October 6, 2009, and on October 13, 2009, Presstek filed a response to Respondents’ brief. Having reviewed the record in this investigation, including the ID and the parties’ written submissions, the Commission has determined that the appropriate form of relief is a limited exclusion order prohibiting the unlicensed entry of laser imageable lithographic printing plates that infringe one or more of claims 1, 10 and 27 of the ’737 patent or claims 20, 21 and 23 of the ’338 patent and that are manufactured abroad by or on behalf of, or imported by or on behalf of, Respondents. The Commission further determines that the public interest factors enumerated in section 337(d) (19 U.S.C. 1337(d)) do not preclude issuance of the limited exclusion order. Finally, the Commission determines that no bond is required to permit temporary importation during the period of Presidential review (19 U.S.C. 1337(j)) of the laser imageable lithographic printing plates that are subject to the order. The Commission’s order and opinion were delivered to the President VerDate Nov<24>2008 15:02 Dec 08, 2009 Jkt 220001 and to the United States Trade Representative on the day of their issuance. 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 210.50 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.50. By order of the Commission. Issued: November 30, 2009. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E9–29287 Filed 12–8–09; 8:45 am] BILLING CODE P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–693] In the Matter of Certain Foldable Stools; 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 November 6, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of B & R Plastics, Inc. of Denver, Colorado. 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 foldable stools by reason of infringement of U.S. Patent No. D460,566. 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 an exclusion order and a cease and desist order. 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 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 65155 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: 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 (2009). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on December 3, 2009, 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 foldable stools by reason of infringement of the claim of U.S. Patent No. D460,566, 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: B & R Plastics, Inc., 4550 Kingston Street, Denver, CO 80239. (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: Ningbo ZhongTian Co., Ltd., 23F/B Hai Hong Building No. 12, Huai Shu Xiang, Ningbo, China. Ningbo Ningfeng Import and Export Co. Ltd., 23/F Hai Hong Building No. 12, Huaishu Xiang, Ningbo, Zhejiang, China. Kikkerland Design, Inc., 423–427 West 127th Street, New York, NY 10027. abc Distributing Inc., 2800 Lakeside Drive, Bannockburn, IL 60015. Always Something Brilliant, 6720 East 47th Avenue Drive, Denver, CO 80216. Amazon.com, Inc., 1200 12th Ave. South, Ste. 1200, Seattle, WA 98144– 2734. Bed Bath & Beyond Inc., 650 Liberty Avenue, Union, NJ 07083, Buy.com E:\FR\FM\09DEN1.SGM 09DEN1 65156 Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / Notices WReier-Aviles on DSKGBLS3C1PROD with NOTICES Inc., 85 Enterprise Suite 100, Aliso Viejo, CA 92656. Crate & Barrel, Inc., 1250 Techny Road, Northbrook, IL 60062, Home Depot Inc., 2455 Paces Ferry Road, NW., Atlanta, GA 30339. The Afternoon, Westroads Mall, 10000 California Street, Ste 3525, Omaha, NE 68114. The Container Store, Inc., 500 Freeport Parkway, Coppell, TX 75019. QVC, Inc., 1200 Wilson Drive, West Chester, PA 19380. (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., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable 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. By order of the Commission. Issued: December 4, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–29352 Filed 12–8–09; 8:45 am] BILLING CODE 7020–02–P VerDate Nov<24>2008 15:02 Dec 08, 2009 Jkt 220001 DEPARTMENT OF JUSTICE [OMB Number 1103–0100] Office of Community Oriented Policing Services; Agency Information Collection Activities: Extension of a Previously Approved Collection; Comments Requested ACTION: 30-Day Notice of Information Collection Under Review: COPS Hiring Recovery Program (CHRP) Progress Report. The Department of Justice (DOJ) Office of Community Oriented Policing Services (COPS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The extension of a previously approved information collection is published to obtain comments from the public and affected agencies. The purpose of this notice is to allow for 30 days for public comment until January 8, 2010. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Rebekah Whiteaker, Department of Justice Office of Community Oriented Policing Services, 1100 Vermont Avenue, NW., Washington, DC 20530. Written comments and suggestions from the public and affected agencies concerning the extension of a previously approved collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the extension of a previously approved collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Extension of a previously approved collection; comments requested. (2) Title of the Form/Collection: CHRP Progress Report. (3) Agency form number, if any, and the applicable component of the Department sponsoring the collection: None. U.S. Department of Justice Office of Community Oriented Policing Services. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Law enforcement and partner public safety agencies that are recipients of COPS Hiring Recovery Program grants. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that approximately 1046 report respondents can complete the report in an average of 10 minutes per calendar quarter. (6) An estimate of the total public burden (in hours) associated with the collection: 697.333 total burden hours. If additional information is required contact: Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: December 4, 2009. Lynn Bryant, Department Clearance Officer, PRA, U.S. Department of Justice. [FR Doc. E9–29343 Filed 12–8–09; 8:45 am] BILLING CODE 4410–AT–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—American Society of Mechanical Engineers Notice is hereby given that, on November 13, 2009, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), American Society of Mechanical Engineers (‘‘ASME’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing additions or E:\FR\FM\09DEN1.SGM 09DEN1

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[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Notices]
[Pages 65155-65156]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29352]


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 INTERNATIONAL TRADE COMMISSION

 [Inv. No. 337-TA-693]


In the Matter of Certain Foldable Stools; 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 November 6, 2009, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
B & R Plastics, Inc. of Denver, Colorado. 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 foldable stools by reason of infringement 
of U.S. Patent No. D460,566. 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 an exclusion order 
and a cease and desist order.

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 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: 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 (2009).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 3, 2009, 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 foldable 
stools by reason of infringement of the claim of U.S. Patent No. 
D460,566, 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:

B & R Plastics, Inc., 4550 Kingston Street, Denver, CO 80239.

    (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:

Ningbo ZhongTian Co., Ltd., 23F/B Hai Hong Building No. 12, Huai Shu 
Xiang, Ningbo, China.
Ningbo Ningfeng Import and Export Co. Ltd., 23/F Hai Hong Building No. 
12, Huaishu Xiang, Ningbo, Zhejiang, China.
Kikkerland Design, Inc., 423-427 West 127th Street, New York, NY 10027.
abc Distributing Inc., 2800 Lakeside Drive, Bannockburn, IL 60015.
Always Something Brilliant, 6720 East 47th Avenue Drive, Denver, CO 
80216.
Amazon.com, Inc., 1200 12th Ave. South, Ste. 1200, Seattle, WA 98144-
2734.
Bed Bath & Beyond Inc., 650 Liberty Avenue, Union, NJ 07083, Buy.com

[[Page 65156]]

Inc., 85 Enterprise Suite 100, Aliso Viejo, CA 92656.
Crate & Barrel, Inc., 1250 Techny Road, Northbrook, IL 60062,
Home Depot Inc., 2455 Paces Ferry Road, NW., Atlanta, GA 30339.
The Afternoon, Westroads Mall, 10000 California Street, Ste 3525, 
Omaha, NE 68114.
The Container Store, Inc., 500 Freeport Parkway, Coppell, TX 75019.
QVC, Inc., 1200 Wilson Drive, West Chester, PA 19380.

    (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., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable 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.

    By order of the Commission.

    Issued: December 4, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-29352 Filed 12-8-09; 8:45 am]
BILLING CODE 7020-02-P