[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Notices]
[Pages 65379-65380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26692]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-725]


In the Matter of Certain Caskets; Notice of Commission 
Determination Not To Review an Initial Determination Finding Respondent 
Ataudes Aguilares in Default; Request for Submissions on Remedy, Public 
Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: The United States International Trade Commission hereby 
provides notice that it has determined not to review an initial 
determination (``ID'') (Order No. 5) issued by the presiding 
administrative law judge (``ALJ'') finding respondent Ataudes 
Aguilares, S. de R.I. de C.V. (``Ataudes Aguilares'') in default.

FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5432. 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 July 8, 2010, based on a complaint filed by Batesville Services, 
Inc. (``Batesville'') of Batesville, Indiana. 75 FR 16837-38. The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. 1337, in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain caskets by reason of infringement of certain 
claims of U.S. Patent Nos. 5,611,124; 5,727,291; 6,836,936; 6,976,294; 
and 7,340,810. The Commission's notice of investigation named Ataudes 
Aguilares as the respondent.
    On September 24, 2010, the presiding administrative law judge 
(``ALJ'') (Judge Essex) issued the subject ID, granting a motion by 
Batesville and finding Ataudes Aguilares in default for, inter alia, 
failing to respond to the ALJ's order to show cause why Ataudes 
Aguilares should not be found in default. No petitions for review were 
filed.
    The Commission has determined not to review the subject ID finding 
Ataudes Aguilares in default pursuant to Rule 210.16(a)(1) and presumes 
the facts alleged in the complaint to be true with respect to Ataudes 
Aguilares.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease-and-desist orders that could result in the 
respondent being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an

[[Page 65380]]

article from entry into the United States for purposes other than entry 
for consumption, the party should so indicate and provide information 
establishing that activities involving other types of entry either are 
adversely affecting it or likely to do so. For background, see In the 
Matter of Certain Devices for Connecting Computers via Telephone Lines, 
Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission 
Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease-and-desist orders would have on (1) The 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainants and the Commission investigative attorney are 
also requested to submit proposed remedial orders for the Commission's 
consideration. Complainants are also requested to state the dates that 
the patents expire and the HTSUS numbers under which the accused 
products are imported. The written submissions and proposed remedial 
orders must be filed no later than close of business on November 5, 
2010. Reply submissions, if any, must be filed no later than the close 
of business on November 12, 2010. No further submissions on these 
issues will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
to the Commission in confidence must request confidential treatment 
unless the information has already been granted such treatment during 
the proceedings. All such requests should be directed to the Secretary 
of the Commission and must include a full statement of the reasons why 
the Commission should grant such treatment. See 19 CFR 201.6. Documents 
for which confidential treatment by the Commission is sought will be 
treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    Issued: October 18, 2010.

    By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2010-26692 Filed 10-21-10; 8:45 am]
BILLING CODE P