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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices 14137
December 4, 2006, regarding whether review an ID granting partial If the Commission contemplates some
there is a violation of section 337 of the termination of this investigation as to form of remedy, it must consider the
Tariff Act of 1930, 19 U.S.C. 1337, in the the ’801, ’685, ’299, ’658 patents. effects of that remedy upon the public
above-captioned investigation. On December 4, 2006, the ALJ issued interest. The factors the Commission
FOR FURTHER INFORMATION CONTACT: the final ID, finding that the ’119, ’912, will consider include the effect that an
Jonathan Engler, Esq., Office of the and ’979 patents are invalid due to exclusion order and/or cease and desist
General Counsel, U.S. International public use; that the ’890, ’552, ’135, orders would have on (1) the public
Trade Commission, 500 E Street, SW., ’579, ’561, ’044, and ’615 patents are not health and welfare, (2) competitive
Washington, DC 20436, telephone (202) invalid, are enforceable, and are conditions in the U.S. economy, (3) U.S.
205–3112. Copies of non-confidential infringed; and that there is a domestic production of articles that are like or
documents filed in connection with this industry involving the patents in issue. directly competitive with those that are
investigation are or will be available for Thus, he found a violation of section subject to investigation, and (4) U.S.
inspection during official business 337 of the Tariff Act of 1930, as consumers. The Commission is
hours (8:45 a.m. to 5:15 p.m.) in the amended. therefore interested in receiving written
Office of the Secretary, U.S. On December 15, 2006, Ford and the submissions that address the
International Trade Commission, 500 E Respondents filed petitions for review. aforementioned public interest factors
Street, SW., Washington, DC 20436, Ford sought review of the ALJ’s finding in the context of this investigation.
telephone (202) 205–2000. General that the ’119, ’912 and ’979 patents are If the Commission orders some form
information concerning the Commission invalid as anticipated. The Respondents of remedy, the U.S. Trade
may also be obtained by accessing its petitioned for review of the ALJ’s Representative, as delegated by the
Internet server at http://www.usitc.gov. findings that patents ’890, ’’552, ’579, President, has 60 days to approve or
The public record for this investigation ’135, ’615, ’561, and ’044 were not disapprove the Commission’s action.
may be viewed on the Commission’s anticipated, obvious or unenforceable, See Presidential Memorandum of July
and of Orders No. 7 and 12, in which 21, 2005. 70 FR 43251 (July 26, 2005).
electronic docket (EDIS) at http://
the ALJ denied certain affirmative During this period, the subject articles
edis.usitc.gov. Hearing-impaired
defenses. The Office of Unfair Import would be entitled to enter the United
persons are advised that information on
Investigations opposed both petitions States under bond, in an amount
this matter can be obtained by
for review. On December 15, 2006, all determined by the Commission and
contacting the Commission’s TDD
parties filed responses to the petitions prescribed by the Secretary of the
terminal on (202) 205–1810.
for review. Treasury. The Commission is therefore
SUPPLEMENTARY INFORMATION: The On December 26, 2006, the interested in receiving submissions
Commission instituted this investigation Commission determined to extend the concerning the amount of the bond that
on January 4, 2006, based on a deadline for determining whether to should be imposed if a remedy is
complaint filed by Ford Global review the ALJ’s ID by 60 days to March ordered.
Technologies, LLC (‘‘Ford’’)of Dearborn, 20, 2007, and to extend the target date Written Submissions: The
Michigan. An amended complaint was for completion of the investigation by 60 Commission does not wish to receive
filed on December 12, 2005, and a days to May 4, 2007. further written submissions on the issue
supplemental letter was filed on Having examined the record of this of violation. However, parties to the
December 22, 2005. The amended investigation, including the ALJ’s final investigation, interested government
complaint, as supplemented, alleges ID and the submissions of the parties, agencies, and any other interested
violations of section 337 in the the Commission has determined not to parties are encouraged to file written
importation into the United States, the review the final ID. submissions on the issues of remedy,
sale for importation, and the sale within In connection with the final the public interest, and bonding. Such
the United States after importation of disposition of this investigation, the submissions should be no more than
certain automotive parts by reason of Commission may (1) issue an order that twenty-five (25) pages and should
infringement of U.S. Design Patent Nos. could result in the exclusion of the address the recommended
D496,890 (‘‘the ’890 patent’’), D493,552 subject articles from entry into the determination by the ALJ on remedy
(‘‘the ’552 patent’’), D497,579 (‘‘the ’579 United States, and/or (2) issue one or and bonding. Complainants and the
patent’’), D503,135 (‘‘the ’135 patent’’), more cease and desist orders that could Commission investigative attorney are
D496,615 (‘‘the ’615 patent’’), D502,561 result in the respondent being required also requested to submit proposed
(‘‘the ’561 patent’’), D492,044 (‘‘the ’044 to cease and desist from engaging in remedial orders for the Commission’s
patent’’), D491,119 (‘‘the ’119 patent’’), unfair acts in the importation and sale consideration. Complainants are also
D503,912 (‘‘the ’912 patent’’) and of such articles. Accordingly, the requested to state the dates that the
D495,979 (‘‘the ’979 patent’’). The Commission is interested in receiving patents expire and the HTSUS numbers
complaint named the following as written submissions that address the under which the accused products are
respondents: Keystone Automotive form of remedy, if any, that should be imported. The written submissions and
Industries, Inc. of Pomona, California; ordered. If a party seeks exclusion of an proposed remedial orders must be filed
U.S. Autoparts Network, Inc. of Carson, article from entry into the United States no later than close of business on March
California; Gordon Auto Body Parts Co., for purposes other than entry for 30, 2007. Reply submissions must be
Ltd. of Taiwan; Y.C.C. Parts consumption, the party should so filed no later than the close of business
Manufacturing Co., Ltd. of Taiwan; TYC indicate and provide information on April 6, 2007. No further
Brother Industrial Co., Ltd. of Taiwan; establishing that activities involving submissions on these issues will be
and Depo Auto Parts Ind. Co., Ltd. of other types of entry either are adversely permitted unless otherwise ordered by
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14138 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices
submit a document to the Commission Street, SW., Washington, DC 20436, investigation had been met. No petitions
in confidence must request confidential telephone (202) 205–2000. General for review were filed.
treatment unless the information has information concerning the Commission The Commission has determined not
already been granted such treatment may also be obtained by accessing its to review the IDs.
during the proceedings. All such Internet server at http://www.usitc.gov. The authority for the Commission’s
requests should be directed to the The public record for this investigation determination is contained in section
Secretary of the Commission and must may be viewed on the Commission’s 337 of the Tariff Act of 1930, as
include a full statement of the reasons electronic docket (EDIS) at http:// amended (19 U.S.C. 1337), and in
why the Commission should grant such edis.usitc.gov. Hearing-impaired section 210.42 of the Commission’s
treatment. See 19 CFR 210.6. Documents persons are advised that information on Rules of Practice and Procedure (19 CFR
for which confidential treatment by the this matter can be obtained by 210.42).
Commission is sought will be treated contacting the Commission’s TDD Issued: March 20, 2007.
accordingly. All nonconfidential written terminal on (202) 205–1810. By order of the Commission.
submissions will be available for public Marilyn R. Abbott,
inspection at the Office of the Secretary. SUPPLEMENTARY INFORMATION: On August
The authority for the Commission’s 29, 2006, the Commission instituted this Secretary to the Commission.
determination is contained in section investigation, based on a complaint filed [FR Doc. E7–5405 Filed 3–23–07; 8:45 am]
337 of the Tariff Act of 1930, as by Caterpillar Inc. (‘‘Caterpillar’’) of BILLING CODE 7020–02–P
amended (19 U.S.C. 1337), and in Peoria, Illinois. The complaint alleges
§ 210.42–46 of the Commission’s Rules violations of section 337 in the
of Practice and Procedure (19 CFR importation into the United States, the INTERNATIONAL TRADE
210.42–46). sale for importation, and the sale within COMMISSION
the United States after importation of [Inv. No. 337–TA–598]
By order of the Commission. certain hydraulic excavators and
Issued: March 20, 2007. components thereof by reason of In the Matter of Certain Unified
Marilyn R. Abbott, infringement of U.S. Trademark Communications Systems, Products
Secretary to the Commission. Registration No. 2,140,606, U.S. Used With Such Systems, and
[FR Doc. E7–5465 Filed 3–23–07; 8:45 am] Trademark Registration No. 2,421,077, Components Thereof; Notice of
BILLING CODE 7020–02–P U.S. Trademark Registration No. Investigation
2,140,605, and U.S. Trademark
Registration No. 2,448,848. The AGENCY: U.S. International Trade
INTERNATIONAL TRADE complaint further alleges that an Commission.
COMMISSION industry in the United States exists as ACTION: Institution of investigation
[ Investigation No. 337–TA–582] required by subsection (a)(2) of section pursuant to 19 U.S.C. 1337.
337. The complainants requested that
SUMMARY: Notice is hereby given that a
In the Matter of Certain Hydraulic the Commission issue a general
complaint was filed with the U.S.
Excavators and Components Thereof; exclusion order and cease and desist
International Trade Commission on
Notice of Commission Decision Not To orders. The complaint named twenty
February 16, 2007, under section 337 of
Review Initial Determinations Granting (20) firms as respondents. Two
the Tariff Act of 1930, as amended, 19
Joint Motions To Terminate respondents have been found in default.
U.S.C. 1337, on behalf of Microsoft
Investigation as to Certain On January 26, 2007, joint motions Corporation of Redmond, Washington.
Respondents between Caterpillar and Respondents A supplemental letter was filed on
AGENCY: U.S. International Trade Deanco Auction Co. Of Mississippi Inc., March 9, 2007. The complaint, as
Commission. Petrowsky Auctioneers, Inc., Ritchie supplemented, alleges violations of
ACTION: Notice. Bros. Auctioneers, Inc., and Ritchie section 337 in the importation into the
Brothers Auctioneers (America), Inc. United States, the sale for importation,
SUMMARY: Notice is hereby given that (collectively, the ‘‘Auctioneer and the sale within the United States
the U.S. International Trade Respondents’’) and between Caterpillar after importation of certain unified
Commission has determined not to and Respondents Musselman communications systems, products used
review the presiding administrative law Construction Co., d/b/a Musselman with such systems, and components
judge’s (‘‘ALJ’’) initial determinations Rentals and Sales, Tractorland thereof by reason of infringement of
(‘‘IDs’’) (Orders No. 18 and 19) granting Equipment Co., Inc., and Pacific Rim certain claims of U.S. Patent Nos.
joint motions to terminate the above- Machinery, Inc. (collectively, the ‘‘Non- 6,421,439, 6,430,289, 6,263,064, and
captioned investigation as to certain Auctioneer Respondents’’) were filed 6,728,357. The complaint, as
respondents. seeking termination of this investigation supplemented, further alleges that an
FOR FURTHER INFORMATION CONTACT: based upon settlement agreements. industry in the United States exists as
Jonathan J. Engler, Esq., Office of the On February 21, 2007, the ALJ issued required by subsection (a)(2) of section
General Counsel, U.S. International the subject IDs (Order Nos. 18 & 19) 337.
Trade Commission, 500 E Street, SW., terminating the investigation as to the The complainant requests that the
Washington, DC 20436, telephone (202) Auctioneer Respondents and Non- Commission institute an investigation
205–3112. Copies of the ALJ’s IDs and Auctioneer Respondents on the basis of and, after the investigation, issue a
all other non-confidential documents settlement agreements. The ALJ found permanent exclusion order and a
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filed in connection with this no indication that termination of the permanent cease and desist order.
investigation are or will be available for investigation as to these respondents on ADDRESSES: The complaint and
inspection during official business the basis of the settlement agreements supplemental letter, except for any
hours (8:45 a.m. to 5:15 p.m.) in the would adversely affect the public confidential information contained
Office of the Secretary, U.S. interest, and that the procedural therein, are available for inspection
International Trade Commission, 500 E requirements for terminating the during official business hours (8:45 a.m.
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