[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Page 38124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15939]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-693]
In the Matter of Certain Foldable Stools; Notice of a Commission
Determination Not To Review an Initial Determination Terminating the
Investigation as to All Respondents Based on Withdrawal of the
Complaint; Termination of the Investigation
AGENCY: U.S. 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 an initial determination
(``ID'') (Order No. 18) of the presiding administrative law judge
(``ALJ'') terminating the above-captioned investigation based on
withdrawal of the complaint.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-2310. 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: The Commission instituted this investigation
on December 9, 2009, based on a complaint filed by B&R Plastics, Inc.
(``B&R'') of Denver, Colorado. 74 FR. 65155-6 (Dec. 9, 2009). The
complaint, as amended, alleges violations of section 337 of the Tariff
Act of 1930, as amended, 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 foldable stools by reason of
infringement of U.S. Patent No. D460,566. 75 FR 6706 (Feb. 10, 2010).
The complaint, as amended, further alleges the existence of a domestic
industry. The Commission's notice of investigation, as amended, named
several respondents including the following: Amazon.com, Inc. of
Seattle, Washington; Bed Bath & Beyond Inc. of Union, New Jersey; The
Afternoon of Omaha, Nebraska; QVC, Inc. of West Chester, Pennsylvania;
Kikkerland Design, Inc. of New York, New York; Buy.com of Aliso Viejo,
California; LTD Commodities, LLC, d/b/a abc Distributing of
Bannockburn, Illinois; Euromarket Designs, Inc., d/b/a Crate & Barrel
of Northbrook, Illinois; The Container Store, Inc. of Coppell, Texas;
Home Depot USA Inc. of Atlanta, Georgia; Ningbo ZhongTian Co., Ltd.
(``Ningbo ZhongTian'') of China; Ningbo Ningfeng Import and Export Co.
Ltd. (``Ningbo Ningfeng'') of China; and Always Something Brilliant
(``ASB'') of Denver, Colorado.
On February 4, 2010, the Commission issued notice of its
determination not to review the ALJ's ID granting B&R's motion to amend
the complaint and notice of investigation to correct the names of
certain respondents. 75 FR 6706 (Feb. 10, 2010). On March 18, 2010, the
Commission issued notice of its determination not to review the ALJ's
ID granting B&R's motion to terminate the investigation as to
respondent Buy.com based on partial withdrawal of the complaint. Also,
on April 15, 2010, the Commission issued notice of its determination
not to review the ALJ's ID granting B&R's motion for a determination
that respondents Ningbo ZhongTian, Ningbo Ningfeng, and ASB are in
default based on their failure to respond to the complaint and notice
of investigation.
On May 13, 2010, B&R moved to terminate the investigation as to all
respondents based on withdrawal of the complaint.
The ALJ issued the subject ID on June 8, 2010, granting the motion
for termination of the investigation. No party petitioned for review of
the ID pursuant to 19 CFR 210.43(a), and the Commission found no basis
for ordering a review on its own initiative pursuant to 19 CFR 210.44.
The Commission has determined not to review the ID, and has terminated
the investigation.
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. Sec. 210.21 and 210.42(h) of the Commission's of Practice and
Procedure, 19 CFR 210.21, 210.42(h).
By order of the Commission.
Issued: June 25, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-15939 Filed 6-30-10; 8:45 am]
BILLING CODE 7020-02-P