[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Notices]
[Pages 78732-78733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31647]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-725]
In the Matter of Certain Caskets; Notice of Commission Issuance
of a Limited Exclusion Order Against Infringing Products of Respondent
Found in Default; Termination of 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 issued a limited exclusion order against infringing
products of Ataudes Aguilares, S. de R.L. de C.V. of Guadalajara,
Mexico (``Ataudes Aguilares''), which was previously found in default,
and has terminated the above-captioned
[[Page 78733]]
investigation under section 337 of the Tariff Act of 1930, as amended
(19 U.S.C. 1337).
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-2301. 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. of Batesville, Indiana (``Batesville''). 75 FR 16837-38 (July 8,
2010). 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 lone respondent.
On August 12, 2010, Batesville moved, pursuant to Commission Rule
210.16(b) (19 CFR 210.16(b)), for an order to show cause why Ataudes
Aguilares should not be found in default for failure to respond to the
Complaint and Notice of Investigation and for a finding of default upon
the failure to show cause. On August 19, 2010, the Commission
investigative attorney (``IA'') filed a response in support of the
motion. The presiding administrative law judge (``ALJ'') issued the
requested order, instructing Ataudes Aguilares to show cause, no later
than the close of business on September 21, 2010, why it should not be
found in default. Order No. 4 (Aug. 31, 2010). No response to Order No.
4 was filed, and the ALJ subsequently issued an initial determination
(``ID'') finding Ataudes Aguilares in default. Order No. 5 (Sept. 24,
2010). The Commission determined not to review the ID and issued a
Notice requesting briefing from interested parties on remedy, the
public interest, and bonding. 75 FR 65379-80 (Oct. 22, 2010).
The IA and Batesville submitted briefing responsive to the
Commission's request on November 3 and 4, 2010, respectively. Each
proposed a limited exclusion order directed to Ataudes Aguilares's
accused products and recommended allowing entry under a bond of 100
percent of the entered value during the period of Presidential review.
The Commission found that the statutory requirements of section
337(g)(1)(A)-(E) (19 U.S.C. 1337(g)(1)(A)-(E)) were met with respect to
the defaulting respondent. Accordingly, pursuant to section 337(g)(1)
(19 U.S.C. 1337(g)(1)) and Commission rule 210.16(c) (19 CFR
210.16(c)), the Commission presumed the facts alleged in the complaint
to be true.
The Commission has determined that the appropriate form of relief
in this investigation is a limited exclusion order prohibiting the
unlicensed entry of certain caskets that are manufactured abroad by or
on behalf of, or imported by or on behalf of, respondent Aguilares by
reason of infringement of claims 1, 13, 27, and 44-53 U.S. Patent No.
5,611,124; claims 1, 6, 8, 9, 16, 17, 19, and 21 of U.S. Patent No.
5,727,291; claims 1 and 2 of U.S. Patent No. 6,836,936; claims 1, 2, 5-
8, 11, and 12 of U.S. Patent No. 6,976,294; and claims 1, 2, 4, and 5
of U.S. Patent No. 7,340,810. The Commission further determined that
the public interest factors enumerated in section 337(g)(1) (19 U.S.C.
1337(g)(1)) do not preclude issuance of the limited exclusion order.
Finally, the Commission determined that the bond for importation during
the period of Presidential review shall be in the amount of 100 percent
of the entered value of the imported subject articles. The Commission's
order was delivered to the President and the United States Trade
Representative on the day of its issuance.
The Commission has terminated this 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 sections
210.16(c) and 210.41 of the Commission's Rules of Practice and
Procedure (19 CFR 210.16(c) and 210.41).
By order of the Commission.
Issued: December 13, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-31647 Filed 12-15-10; 8:45 am]
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