[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12788-12789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04160]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-870]
Certain Electronic Bark Control Collars; Notice of Institution of
Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint and a motion for
temporary relief were filed with the U.S. International Trade
Commission on January 14, 2013, under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, on behalf of Radio Systems
Corporation of Knoxville, Tennessee. Supplements to the complaint were
filed on February 6, 2013. 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 electronic bark control collars by reason of infringement of
certain claims of U.S. Patent No. 5,927,233 (``the `233 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 a cease and desist order.
The motion for temporary relief requests that the Commission issue
a temporary limited exclusion order and temporary cease and desist
order prohibiting the importation into and the sale within the United
States after importation of certain electronic bark control collars
that infringe claims 1, 3, 6, 8, 9, and 15 of the `233 patent during
the course of the Commission's investigation.
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: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
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 (2012).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on February 14, 2013, 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 electronic
bark control collars by reason of infringement of one or more of claims
1, 3, 6, 8, 9, and 15 of the `233 patent, and whether an industry in
the United States exists as required by subsection (a)(2) of section
337;
(2) Pursuant to section 210.58 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.58, the motion for temporary relief
under subsection (e) of section 337 of the Tariff Act of 1930, which
was filed with the complaint, is provisionally accepted and referred to
the presiding administrative law judge for investigation;
(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: Radio Systems Corporation, 10427 Petsafe
Way, Knoxville, TN 37932.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: Sunbeam Products, Inc., d/b/a Jarden Consumer Solutions,
2381 NW Executive Center Drive, Boca Raton, FL 33431.
(c) The 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 Chief Administrative
Law Judge, U.S. International Trade Commission,
[[Page 12789]]
shall designate the presiding Administrative Law Judge.
Responses to the complaint, the motion for temporary relief, and
the notice of investigation must be submitted by the named respondent
in accordance with sections 210.13 and 210.59 of the Commission's Rules
of Practice and Procedure, 19 CFR 210.13 and 210.59. Pursuant to 19
CFR. 201.16(d)-(e), 210.13(a), and 210.59, such responses will be
considered by the Commission if received not later than 10 days after
the date of service by the Commission of the complaint, the motion for
temporary relief, and the notice of investigation. Extensions of time
for submitting responses to the complaint, motion for temporary relief,
and the notice of investigation will not be granted unless good cause
therefor is shown.
Failure of the respondent to file a timely response to each
allegation in the complaint, in the motion for temporary relief, and in
this notice may be deemed to constitute a waiver of the right to appear
and contest the allegations of the complaint, the motion for temporary
relief, 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, the motion for temporary
relief, 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: February 19, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-04160 Filed 2-22-13; 8:45 am]
BILLING CODE 7020-02-P