[Federal Register Volume 65, Number 113 (Monday, June 12, 2000)]
[Notices]
[Page 36844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14759]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-433]


Certain Safety Eyewear and Components Thereof; Notice of 
Commission Decision Not To Review an Initial Determination Amending the 
Complaint and Notice of Investigation

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 decided not to review the presiding administrative law 
judge's (``ALJ's'') initial determination (``ID'') granting an 
unopposed motion to amend the complaint and notice of investigation to 
delete references to ``claim 18'' of U.S. Letters Patent 5,457,505.

FOR FURTHER INFORMATION CONTACT: Gracemary Rizzo, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, S.W., 
Washington, D.C. 20436, telephone (202) 205-3117. Hearing-impaired 
persons are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on 202-205-1810. General 
information concerning the Commission may also be obtained by accessing 
its Internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 1, 2000, based on a complaint filed by Bacou USA Safety, Inc. 
and Uvex Safety Manufacturing, Inc. (``complainants''), both of 
Smithfield, Rhode Island. The complaint named one respondent, Crews, 
Inc. of Memphis, Tennessee.
    Complainants alleged that respondent had violated section 337 of 
the Tariff Act of 1930 by importing into the United States, selling for 
importation, and/or selling within the United States after importation 
certain safety eyewear and components thereof by reason of (a) 
infringement of claims 1-5, 8-14, and 16-18 of U.S. Letters Patent 
5,457,505 (the '505 patent); (b) the claim of U.S. Letters Patent Des. 
322,616; and (c) misappropriation of trade dress, the threat or effect 
of which is to destroy or substantially injure an industry in the 
United States.
    On May 17, 2000, complainants filed an unopposed motion to amend 
the complaint and notice of investigation to delete ``claim 18'' of the 
'505 patent. In their motion, complainants stated that the '505 patent 
has only 17 claims and that references to ``claim 18'' were due to a 
typographical error.
    On May 18, 2000, the presiding ALJ issued an ID (Order No. 4) 
granting complainants' motion. The ALJ found that there was good cause 
for the amendment, and that there was no prejudice to the parties or to 
the public interest. Accordingly, the complaint and the notice of 
investigation were amended to delete all references to ``claim 18'' of 
the '505 patent.
    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). Copies of the ALJ's ID and all other 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, S.W., Washington, D.C. 20436, telephone 202-
205-2000.

    Issued: June 5, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-14759 Filed 6-9-00; 8:45 am]
BILLING CODE 7020-02-U