[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Notices]
[Pages 4935-4936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1705]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-756]
In the Matter of Certain Reduced Ignition Proclivity Cigarette
Paper Wrappers and Products Containing Same; 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 December 17, 2010, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Schweitzer-Mauduit International, Inc. of Alpharetta, Georgia. Letters
supplementing the complaint were submitted on January 5, 6, and 11,
2011. The complaint alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain reduced
ignition proclivity cigarette paper wrappers and products containing
same by reason of infringement of certain claims of U.S. Patent No.
6,725,867 (``the `867 patent'') and U.S. Patent No. 5,878,753 (``the
`753 patent''). The complaint 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 an exclusion order
and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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., 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://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Lisa A. Murray, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2734.
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 (2010).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 13, 2011, 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 reduced
ignition proclivity cigarette paper wrappers and products containing
same that infringe one or more of claims 36, 43, and 45 of the `867
patent and claims 1-6, 10-18, and 22-25 of the `753 patent, and whether
an industry in the United States exists as required by subsection
(a)(2) of section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties and other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact on this
issue;
(3) 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: Schweitzer-Mauduit International, Inc., 100
North Point Center East, Suite 600, Alpharetta, GA 30022.
(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: Astra Tobacco Corporation, 141 Providence Road, Suite
100, Chapel Hill, NC 27515; delfortgroup AG, Fabrikstrasse 20, 4050
Traun, Austria; LIPtec GmbH, Staatstra e 37-41, 67468 Neidenfels,
Germany; Julius Glatz GmbH, Staatstra e 43-49, 67468 Neidenfels,
Germany.
(c) The Commission investigative attorney, party to this
investigation, is Lisa A. Murray, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Honorable Paul J.
Luckern, Chief Administrative Law Judge, U.S. International Trade
Commission, shall designate the presiding Administrative Law Judge.
Responses to the complaint 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
[[Page 4936]]
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 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 an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: January 13, 2011.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2011-1705 Filed 1-26-11; 8:45 am]
BILLING CODE 7020-02-P