[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