[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Page 28654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12266]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-696]
In the Matter of Certain Restraining Systems for Transport,
Components Thereof, and Methods of Using Same; Notice of Commission
Determination Not To Review an Initial Determination Granting
Respondent's Second Amended Motion To Terminate the Investigation in
Its Entirety Based on a Consent Order Stipulation and To Issue a
Consent Order; Termination of the Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 6)
granting respondent's second amended motion to terminate the
investigation in its entirety based on a consent order stipulation and
to issue a consent order.
FOR FURTHER INFORMATION CONTACT: Jia Chen, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 708-5468. 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
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. 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: This investigation was instituted on
December 29, 2009, based on a complaint filed by Matthew Bullock and
Walnut Industries, Inc. 74 FR 68865 (Dec. 29, 2009). The complaint
alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C.
1337) in the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain restraining systems for transport, components thereof, and
methods of using the same by reason of infringement of certain claims
of United States Patent Nos. 6,089,802, 6,227,779, and 6,981,827. The
complaint named Qingdao Auront Industry & Trade Co. Ltd. (``Auront'')
as the sole respondent.
On March 16, 2010, Auront filed a motion to terminate the
investigation based on a consent order stipulation. The Commission
investigative attorney (``IA'') opposed the motion to terminate because
Auront did not satisfy the Commission Rules. On April 5, 2010, Auront
filed a second motion to terminate based on a revised consent order. On
April 14, 2010, Auront filed an amendment to its second motion with
additional revisions to the consent order stipulation. On April 20,
2010, complainants filed an opposition to Auront's motions. On the same
day, the IA filed a response in support of termination.
On April 21, 2010, the ALJ issued an initial determination (``ID'')
granting Auront's second amended motion to terminate the investigation.
The ALJ found that the motion complied with the requirements of
Commission Rule 210.21 (19 CFR 210.21). The ALJ also concluded that,
pursuant to Commission Rule 210.50(b)(2) (19 CFR 210.50(b)(2)), there
is no evidence that termination of this investigation will prejudice
the public interest. Accordingly, the ALJ terminated the investigation.
No petitions for review of this ID were filed. The Commission has
determined not to review the ALJ's ID terminating the investigation and
to issue the consent order submitted by Auront.
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 Sec. 210.45 of the Commission's Rules of Practice and Procedure (19
CFR 210.45).
By order of the Commission.
Issued: May 17, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-12266 Filed 5-20-10; 8:45 am]
BILLING CODE 7020-02-P