[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Notices]
[Pages 44384-44385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20812]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-684]
In the Matter of Certain Articulated Coordinate Measuring Arms
and Components Thereof; Notice of Investigation
AGENCY: U.S. International Trade Commission.
[[Page 44385]]
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 July 28, 2009, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Hexagon Metrology AB of Sweden and Hexagon Metrology, Inc. of North
Kingstown, Rhode Island. 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 articulated coordinate measuring arms and components thereof by
reason of infringement of certain claims of U.S. Patent No. 5,829,148.
The complaint further alleges that an industry in the United States
exists as required by subsection (a)(2) of section 337.
The complainants request 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: Mareesa A. Frederick Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2055.
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 August 24, 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 articulated
coordinate measuring arms or components thereof that infringe one or
more of claims 3, 4, 13, and 16 of U.S. Patent No. 5,829,148, 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 complainants are--
Hexagon Metrology AB, Lilla Bantorget 15, SE-103 59, Stockholm, Sweden,
Hexagon Metrology, Inc., 250 Circuit Drive, North Kingstown, Rhode
Island 02852.
(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:
Metris N.V., Interleuvenlann 86, 3001 Leuven, Belgium, Metris U.S.A.,
Inc., 12701 Grand River Avenue, Brighton, Michigan 48116, Mitutoyo
Corporation, 20-1, Sakado 1-Chome, Takatsu-ku, Kawasaki-shi, Kanagawa
213-8533, Japan, Mitutoyo America Corporation, 965 Corporate Boulevard,
Aurora, Illinois 60502.
(c) The Commission investigative attorney, party to this
investigation, is Mareesa A. Frederick, 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 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) 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 a respondent.
Issued: August 25, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-20812 Filed 8-27-09; 8:45 am]
BILLING CODE 7020-02-P