[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Notices]
[Pages 53445-53446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21378]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-929]
Certain Beverage Brewing Capsules, Components Thereof, and
Products Containing the Same; Institution of Investigation Under
Section 337 of the Tariff Act
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 4, 2014, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Adrian Rivera of Whittier, California and ARM Enterprises, Inc. of
Santa Fe Springs, California. An amended complaint was filed on August
14, 2014. A supplement was filed on August 22, 2014. The amended
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 beverage brewing
capsules, components thereof, and products containing the same by
reason of infringement of certain claims of U.S. Patent No. 8,720,320
(``the '320 patent''). The amended complaint further alleges that an
industry in the United States exists as required by subsection (a)(2)
of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The amended 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 (2014).
SUPPLEMENTARY INFORMATION:
Scope of investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on September 3, 2014, 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 beverage
brewing capsules, components thereof, and products containing the same
by reason of infringement of one or more of claims 5-8 and 18-20 of the
'320 patent, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) 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 complainants are:
Adrian Rivera, 14979 Lodosa Drive, Whittier, CA 90605.
Adrian Rivera Maynez Enterprises, Inc., 9737 Bell Ranch Drive, Santa Fe
Springs, CA 90670.
(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:
Solofill LLC, 3515 Avignon Court, Houston, TX 77802.
DonGuan Hai Rui Precision Mould Co., Ltd., No. 1 Chuangxing Road, DaNig
Industry, HuMen Town, Dong Guan City, GuangDong Province, China 523000.
Eko Brands, LLC, 6029 238th Street SE., Suite 130, Woodinville, WA
98072.
Evermuch Technology Co., Ltd., Room 515-516, 5/F, Technology Park, 18,
On Lai Street, Shatin, New Territories, Hong Kong.
Ever Much Company Ltd., East No. 1, Pak Shek Ha Village, Fu Yong,
BaoAn, Shenzhen, China 5181000.
Melitta USA, Inc., 13925 58th Street, North Clearwater, FL 33760-3712.
LBP Mfg. Inc., 1325 S. Cicero Avenue, Cicero, IL 60804.
LBP Packaging (Shenzhen) Co. Ltd., 1 F Building A Reservoir Road No. 3
Huangpu, Shajing Office of the Streets, Baoan District Shenzhen,
Guangdon China 5181000.
Spark Innovators, Corp., 41 Kulick Road, Fairfield, NJ 07004.
B. Marlboros International Ltd. (HK), Unit A 12f Billion Center Tower
A, No. 1 Wang Kwong Road Kowloon Bay, Hong Kong.
Amazon.com, Inc., 410 Terry Avenue North, Seattle, WA 98109-5210.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission,
[[Page 53446]]
shall designate the presiding Administrative Law Judge.
Responses to the amended 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(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 amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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: September 4, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-21378 Filed 9-8-14; 8:45 am]
BILLING CODE 7020-02-P