[Federal Register Volume 65, Number 188 (Wednesday, September 27, 2000)]
[Notices]
[Pages 58104-58105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24813]


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INTERNATIONAL TRADE COMMISSION


Certain Safety Eyewear and Components Thereof; Notice of 
Commission Decision Not To Review an Initial Determination Amending the 
Complaint and Notice of Investigation and Finding the Economic Prong of 
the Domestic Industry Requirement Satisfied

[Inv. No. 337-TA-433]

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 a motion to 
amend the complaint and notice of investigation to reflect the U.S. 
Patent and Trademark Office's issuance of U.S. Letters Patent Re. 
36,762 as a reissue U.S. Letters Patent 5,457,505 and a motion granting 
summary determination that the economic prong of the domestic industry 
section 337 is satisfied.

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

[[Page 58105]]

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 July 27, 2000, complainants moved for summary determination on 
the economic prong of the domestic industry requirements of section 337 
as to the '505 patent. On August 4, 2000, complainants moved to amend 
the complaint and notice of investigation to reflect the U.S. Patent 
and Trademark Office's issuance of U.S. Letters Patent Re. 36,762 as a 
reissue of the `505 patent. Both respondent Crews and the Commission 
investigative attorney (``IA'') responded to the motion of summary 
determination motion on August 7, 2000. The IA filed a response to the 
motion to amend on August 14, 2000, and Crews filed its response to the 
motion to amend on August 16, 2000.
    On May 18, 2000, the presiding ALJ issued an ID (Order No. 21) 
granting complainants' motions. No party petitioned for review of the 
ID.
    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, SW., Washington, D.C. 20436, telephone 202-
205-2000.

    Issued: September 21, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-24813 Filed 9-26-00; 8:45 am]
BILLING CODE 7020-02-P