[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Notices]
[Page 75087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27392]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-511]


In the Matter of Certain Pet Food Treats; Notice of Decision To 
Review an Initial Determination Finding Respondent TsingTao China in 
Default

AGENCY: International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination (ID) 
issued by the presiding administrative law judge (ALJ) in the above-
captioned investigation finding respondent TsingTao ShengRong Seafood, 
Inc. of TsingTao China (``TsingTao China'') in default.

FOR FURTHER INFORMATION CONTACT: Andrea Casson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3105. Copies of all 
nonconfidential 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 (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 June 8, 2004, based on a complaint filed by Thomas J. Baumgartner 
and Hillbilly Smokehouse, Inc., both of Rogers, Arkansas, 69 FR 32044. 
The complaint alleges violations of section 337 in the importation into 
the United States, sale for importation, or sale within the United 
States after importation of certain pet food treats that infringe U.S. 
Design Patent No. 383,886. The notice of investigation lists six 
companies as respondents, including TsingTao China.
    On August 18, 2004, complainants moved pursuant to section 337(g) 
and Commission rule 210.16(b) for issuance of an order directing, inter 
alia, TsingTao China, to show cause why it should not be found in 
default. Complainants noted that TsingTao China had not responded to 
the complaint and notice of investigation. On August 30, 2004, the 
Commission investigative attorney filed a response supporting 
complainant's motion for an order requiring TsingTao China to show 
cause why it should not be held in default.
    On October 5, 2004, the ALJ issued Order No. 6, which ordered 
TsingTao China to show cause by October 12, 2004, why it should not be 
found in default. TsingTao China did not respond to the order to show 
cause. On November 19, 2004, the ALJ issued an ID (Order No. 8) finding 
TsingTao China in default. Under Commission rule 210.16(b)(3), TsingTao 
China is deemed to have waived its right to appear, to be served with 
documents, and to contest the allegations at issue in this 
investigation. No petitions for review of the ID were filed.
    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 section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    Issued: December 9, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-27392 Filed 12-14-04; 8:45 am]
BILLING CODE 7020-02-P