[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Notices]
[Pages 65379-65380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26692]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-725]
In the Matter of Certain Caskets; Notice of Commission
Determination Not To Review an Initial Determination Finding Respondent
Ataudes Aguilares in Default; Request for Submissions on Remedy, Public
Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: The United States International Trade Commission hereby
provides notice that it has determined not to review an initial
determination (``ID'') (Order No. 5) issued by the presiding
administrative law judge (``ALJ'') finding respondent Ataudes
Aguilares, S. de R.I. de C.V. (``Ataudes Aguilares'') in default.
FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-5432. 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 July 8, 2010, based on a complaint filed by Batesville Services,
Inc. (``Batesville'') of Batesville, Indiana. 75 FR 16837-38. The
complaint 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 caskets by reason of infringement of certain
claims of U.S. Patent Nos. 5,611,124; 5,727,291; 6,836,936; 6,976,294;
and 7,340,810. The Commission's notice of investigation named Ataudes
Aguilares as the respondent.
On September 24, 2010, the presiding administrative law judge
(``ALJ'') (Judge Essex) issued the subject ID, granting a motion by
Batesville and finding Ataudes Aguilares in default for, inter alia,
failing to respond to the ALJ's order to show cause why Ataudes
Aguilares should not be found in default. No petitions for review were
filed.
The Commission has determined not to review the subject ID finding
Ataudes Aguilares in default pursuant to Rule 210.16(a)(1) and presumes
the facts alleged in the complaint to be true with respect to Ataudes
Aguilares.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease-and-desist orders that could result in the
respondent being required to cease and desist from engaging in unfair
acts in the importation and sale of such articles. Accordingly, the
Commission is interested in receiving written submissions that address
the form of remedy, if any, that should be ordered. If a party seeks
exclusion of an
[[Page 65380]]
article from entry into the United States for purposes other than entry
for consumption, the party should so indicate and provide information
establishing that activities involving other types of entry either are
adversely affecting it or likely to do so. For background, see In the
Matter of Certain Devices for Connecting Computers via Telephone Lines,
Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission
Opinion).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease-and-desist orders would have on (1) The
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: The parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Complainants and the Commission investigative attorney are
also requested to submit proposed remedial orders for the Commission's
consideration. Complainants are also requested to state the dates that
the patents expire and the HTSUS numbers under which the accused
products are imported. The written submissions and proposed remedial
orders must be filed no later than close of business on November 5,
2010. Reply submissions, if any, must be filed no later than the close
of business on November 12, 2010. No further submissions on these
issues will be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
and 12 true copies thereof on or before the deadlines stated above with
the Office of the Secretary. Any person desiring to submit a document
to the Commission in confidence must request confidential treatment
unless the information has already been granted such treatment during
the proceedings. All such requests should be directed to the Secretary
of the Commission and must include a full statement of the reasons why
the Commission should grant such treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the Commission is sought will be
treated accordingly. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary.
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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
Issued: October 18, 2010.
By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2010-26692 Filed 10-21-10; 8:45 am]
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