US Supreme Court Briefs

 [Federal Register: January 26, 2000 (Volume 65, Number 17)]
 [Notices]               
 [Page 4260-4261]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]
 [DOCID:fr26ja00-85]                         

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 INTERNATIONAL TRADE COMMISSION

 [Inv. No. 337-TA-426]

  
 Certain Spiral Grilled Products Including Ducted Fans and 
 Components Thereof; Notice of Investigation

 AGENCY:  U.S. International Trade Commission.

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

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

 SUMMARY:  Notice is hereby given that a complaint was filed with the 
 U.S. International Trade Commission on November 26, 1999, under section 
 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on 
 behalf of Vornado Air Circulation Systems, Inc. of Andover, Kansas. A 
 supplementary letter was filed on January 7, 2000. On December 28, 
 1999, the Commission voted to extend the deadline by which it had to 
 decide whether to institute an investigation based on the complaint. 
 The complaint, as supplemented, alleges violations of section 337 in 
 the importation into the United States, the sale for importation, and 
 the sale within the United States after importation of certain spiral 
 grilled products, including ducted fans, and components thereof by 
 reason of (i) infringement of claims 15, 16, 17, 18, 19, 20, 21, 22, 23 
 and 24 of U.S. Letters Patent Re. 34,551, and (ii) misappropriation of 
 trade dress. The complaint further alleges that there exists an 
 industry in the United States 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 a permanent 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, S.W., Room 112, 
 Washington, D.C. 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 (http://www.usitc.gov).

 FOR FURTHER INFORMATION CONTACT:  Thomas S. Fusco, Esq., Office of 
 Unfair Import Investigations, U.S. International Trade Commission, 
 telephone 202-205-2571.

     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 Sec. 210.10 (1999).

 SCOPE OF INVESTIGATION

      Having considered the complaint, the U.S. International Trade 
 Commission, on January 18, 2000 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 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 spiral grilled products, including ducted fans, and components 
 thereof by reason of infringement of claims 15, 16, 17, 18, 19, 20, 21, 
 22, 23, or 24 of U.S. Letters Patent Re. 34,551.
     (b) 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 spiral grilled products, including ducted fans, and components 
 thereof by reason of misappropriation of trade dress, the threat or 
 effect of which is to destroy or substantially injure an industry in 
 the United States; and
     (c) whether there exists an industry in the United States 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--

 Vornado Air Circulation Systems, Inc., 415 E. 13th, Andover, Kansas 
 67002.

     (b) The respondents are the following companies alleged to be in 
 violation of section 337, and are the parties upon which the complaint 
 is to be served:

 Holmes Products Corp., 233 Fortune Blvd., Milford, MA 01757-1740
 Holmes Products (Far East) Ltd., 9th Floor, No. 9 Wing Hong St., Cheung 
 Sha Wan, Kowloon, Hong Kong
 Holmes Products (Far East) Ltd., Taiwan Branch (Bahamas), 13F-2, 97 
 Chung Hsin Road, Section 4
 Sanchung City, Taipei, Hsien, Taiwan

     (c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations, 
 U.S. International Trade Commission, 500 E Street, SW, Room 401-O, 
 Washington, D.C. 20436, who shall be the Commission investigative 
 attorney, party to this investigation; and
     (3) For the investigation so instituted, the Honorable Sidney 
 Harris 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

 [[Page 4261]]

 accordance with section 210.13 of the Commission's Rules of Practice 
 and Procedure, 19 CFR Sec. 210.13. Pursuant to 19 C.F.R. 
 Secs. 201.16(d) and 210.13(a), such responses will be considered by the 
 Commission if received no later than 20 days after the date of service 
 by the Commission of the complaint and notice of investigation. 
 Extensions of time for submitting responses to the complaint 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 both an initial determination and a final determination 
 containing such findings, and may result in the issuance of a limited 
 exclusion order or a cease and desist order or both directed against 
 such respondent.

     By order of the Commission.

     Issued: January 20, 2000.
 Donna R. Koehnke,
 Secretary.
 [FR Doc. 00-1830 Filed 1-25-00; 8:45 am]
 BILLING CODE 7020-02-P

 

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