[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Pages 16838-16839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7441]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-708]
In the Matter of Certain Stringed Musical Instruments and
Components Thereof (II); Notice of Investigation
AGENCY: U.S. International Trade Commission.
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 February 26, 2010, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Geoffrey Lee McCabe of Hollywood, California. A letter supplementing
the complaint was filed on March 18, 2010. The complaint, as
supplemented, alleges violations of section 337 in the importation into
the United States, the sale for importation, and the sale within the
United States after importation of certain stringed musical instruments
and components thereof by reason of infringement of certain claims of
U.S. Patent Nos. 5,965,831, 5,986,191, 6,175,066, 6,891,094, and
7,470,841. The complaint, as supplemented, further alleges that an
industry in the United States exists as required by subsection (a)(2)
of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a permanent exclusion
order and permanent cease and desist orders.
ADDRESSES: The complaint and supplement, except for any confidential
information contained therein, are available for inspection during
official business hours (8:45 a.m. to 5:15 p.m.)
[[Page 16839]]
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://www.usitc.gov/secretary/edis.htm.
FOR FURTHER INFORMATION CONTACT: Jeffrey T. Hsu, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2579.
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 amended complaint,
the U.S. International Trade Commission, on March 25, 2010, 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 stringed
musical instruments or components thereof by reason of infringement of
one or more of claims 1-3, 5, and 6 of U.S. Patent No. 5,965,831;
claims 1-3, 6, and 14 of U.S. Patent No. 5,986,191; claims 1-5, 8, 9,
and 11 of U.S. Patent No. 6,175,066; claims 1, 14-18, 20-22, and 24 of
U.S. Patent No. 6,891,094; and claims 6, 8-11, 27, 29, and 31 of U.S.
Patent No. 7,470,841; and whether an industry in the United States
exists or is in the process of being established 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 complainant is--
Geoffrey Lee McCabe, 6104 Glen Oak, Hollywood, CA 90068.
(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:
Floyd Rose Guitars, 6855 176th Avenue, NE., Redmond, WA 98052.
Floyd Rose Marketing, Inc., 3301 State Route 66, Neptune, NJ 07753-
2705.
Davitt & Hanser Music Co., d/b/a HHI, 2395 Arbor Tech Drive, Hebron, KY
41048.
Ping Well Industrial Co., Ltd., 51, Sho Yi 5 Lane, Taichung, Taiwan.
Ibanez, Inc. (Hoshino) US, 1726 Westchester Road, Bensalem, PA 19020.
Ibanez, Inc. (Hoshino) Japan, Fuji Gakki Co., LTD, No. 22, 3-Chome,
Shumoku-cho, Higashi-Ku, Nagoya, Japan 461-8717.
(c) The Commission investigative attorney, party to this
investigation, is Jeffrey T. Hsu, 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, Paul J. Luckern, Chief
Administrative Law Judge, U.S. International Trade Commission, shall
designate the presiding Administrative Law Judge.
Responses to the complaint, as supplemented, and the notice of
investigation must be submitted by the named respondents 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)-(e) 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, as supplemented, 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 a limited exclusion order or cease and desist order or both directed
against a respondent.
By order of the Commission.
Issued: March 29, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-7441 Filed 4-1-10; 8:45 am]
BILLING CODE 7020-02-P