[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Notices]
[Pages 50716-50717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20601]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-838]
Certain Food Waste Disposers and Components and Packaging
Thereof; Notice of Commission Determination Not to Review an Initial
Determination Granting Complainant's Motions To Amend the Notice of
Investigation and Complaint
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 determined not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 5)
granting a motion by complainant Emerson Electric Co. of St. Louis,
Missouri to amend the Notice of Investigation (``NOI'') and complaint
to add as respondents Jiangsu Mega Motors (``Mega'') of Jiangsu, China
and Zhejiang Zhongda Technical Export Co., Ltd. (``Zhongda'') of
Hangzhou, China.
FOR FURTHER INFORMATION CONTACT: Amanda S. Pitcher, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-2737. 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 April 20, 2012, based on a complaint filed by Emerson Electric Co.
(``Emerson''), of St. Louis, Missouri, alleging violations of section
337 of the
[[Page 50717]]
Tariff Act of 1930 (19 U.S.C. 1337) by reason of (1) infringement of
the claim of U.S. Patent No. D535,850; (2) infringement of U.S.
Trademark Registration No. 2,518,010 and common law trademarks; (3)
unfair competition by passing off; (4) trademark dilution; and (5)
trade dress infringement. 77 FR 23751 (Apr. 20, 2012). The Commission's
Notice of Investigation named Anaheim Manufacturing Co. (``Anaheim''),
of Brea, California, as the only respondent. The Office of Unfair
Import Investigations (``OUII'') was also named as a party.
On June 7, 2012, Emerson filed a corrected motion to amend the
complaint and NOI to add Mega as a respondent. Then on June 28, 2012,
Emerson filed a second motion to amend the complaint and NOI to add
Zhongda as a respondent. Respondent Anaheim did not oppose the motions.
On June 15, 2012 and July 10, 2012, the OUII investigative staff
attorney (``IA'') filed responses in support of the motions to amend.
On July 17, 2012, the ALJ issued an ID granting Emerson's motions
to amend the complaint and NOI to add Mega and Zhongda as respondents.
The ALJ found that Emerson made a showing of good cause for the
amendments based on new evidence obtained during the course of the
investigation. In particular, the ALJ noted that Emerson first learned
that Mega was involved in the production and manufacturing of the
accused products in interrogatory responses. In addition, the ALJ noted
that Emerson first learned that Zhongda was involved in the
distribution, transportation, and importation of the accused products
during discovery. The ALJ further found that neither the public
interest nor any party would be prejudiced by the amendments. Anaheim
filed a petition for review on July 25, 2012, and the IA and Emerson
filed replies on August 1, 2012. We note that Anaheim's petition is not
proper under the Commission's Rules. 19 CFR 210.43(a)(2).
The Commission finds no reason to overturn the ALJ's findings, and
accordingly, has determined not to review the subject ID.
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 210.43-45 of the Commission's Rules of Practice and
Procedure (19 CFR 210.43-45).
By order of the Commission.
Issued: August 16, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-20601 Filed 8-21-12; 8:45 am]
BILLING CODE 7020-02-P