Certain Food Waste Disposers and Components and Packaging Thereof; Institution of Investigation Pursuant to 19 U.S.C. 1337, 23751-23752 [2012-9504]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Notices]
[Pages 23751-23752]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9504]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-838]


Certain Food Waste Disposers and Components and Packaging 
Thereof; Institution of Investigation Pursuant to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 16, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Emerson Electric Co. of St. Louis, Missouri. A letter supplementing the 
complaint was filed on March 29, 2012. 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 food waste disposers and components and 
packaging thereof by reason of (1) Infringement of the claim of U.S. 
Patent No. D535,850 (``the `850 patent''); (2) infringement of U.S. 
Trademark Registration No. 2,518,010 and common law trademarks; (3) 
unfair competition by passing off; (4) trademark dilution; and (5) 
trade dress infringement. The complaint further alleges that an 
industry in the United States exists as required by subsections 
(a)(1)(A) and (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.

[[Page 23752]]


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: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 (2012).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 13, 2012, 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 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 food waste disposers and components and packaging thereof by 
reason of (1) trade dress infringement; (2) passing off; (3) 
infringement of common law trademarks; or (4) trademark dilution, the 
threat or effect of which is to destroy or substantially injure an 
industry in the United States;
    (b) 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 food waste disposers and components and packaging thereof that 
infringe the claim of U.S. Patent No. D535,850, and whether an industry 
in the United States exists as required by subsection (a)(2) of section 
337; or
    (c) 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 food waste disposers and components and packaging thereof that 
infringe U.S. Trademark Registration No. 2,518,010, 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: Emerson Electric Co., 8000 West Florissant 
Avenue, P.O. Box 4100, St. Louis, MO 63136.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Anaheim Manufacturing Co., 2680 Orbiter Street, Brea, CA 
92821.
    (c) The 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 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 respondent 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)-(e) 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 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: April 16, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-9504 Filed 4-19-12; 8:45 am]
BILLING CODE 7020-02-P