[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1881-1882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00178]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-838]
Certain Food Waste Disposers and Components and Packaging
Thereof; Notice of the Commission's Determination Not To Review Initial
Determinations Granting Complainant's Motions To Partially Terminate
the Investigation and To Withdraw the Complaint; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
[[Page 1882]]
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 determinations (``IDs'') (Order Nos. 6,
and 8) granting (1) a motion by complainant Emerson Electric Co. of St.
Louis, Missouri (``Emerson'') to partially terminate the investigation
and (2) a motion to terminate the investigation based on withdrawal of
the complaint.
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 of St. Louis,
Missouri, alleging violations of section 337 of the Tariff Act of 1930
(19 U.S.C. 1337) by reason of (1) Infringement of the claim of U.S.
Patent No. D535,850 ('850 patent); (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. of Brea, California as
the only respondent. The Notice of Investigation was amended to add
respondents Jiangsu Mega Motors and Zhjiang Zhongda Technical Export
Co. Ltd. The Office of Unfair Import Investigations (``OUII'') was also
named as a party.
On November 28, 2012, Emerson filed a motion for partial
termination with respect to Emerson's allegations of infringement of
the '850 patent, trademark infringement by inducement, and trademark
dilution. On December 3, 2012, Emerson filed a letter supplementing its
motion to state that there are no agreements among the parties
concerning the subject matter of the investigation. On December 4,
2012, the ALJ granted Emerson's motion, in Order No. 6, finding that
there are no agreements, written or oral, express or implied between
the parties concerning the investigation. In addition, the ALJ found
that there are no extraordinary circumstances that would preclude
granting the motion and that partial termination is in the public
interest.
On December 7, 2012, Emerson filed a motion to terminate the
investigation based on withdrawal of the remaining allegations in the
complaint and to stay the procedural schedule. On December 11, 2012,
the ALJ granted Emerson's motion, in Order No. 8, finding that there
are no agreements, written or oral, express or implied between the
parties concerning the investigation. In addition, the ALJ found that
there are no extraordinary circumstances that would preclude granting
the motion and that termination of the investigation is in the public
interest.
The Commission has determined not to review the subject IDs and to
terminate the 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 210.42 of the Commission's Rules of Practice and Procedure
(19 CFR 210.42).
By order of the Commission.
Issued: January 3, 2013.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2013-00178 Filed 1-8-13; 8:45 am]
BILLING CODE 7020-02-P