[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Notices]
[Pages 9721-9722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3342]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-448]


In the Matter of Certain Oscillating Sprinklers, Sprinkler 
Components, and Nozzles; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on January 8, 2001, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
L.R. Nelson Corporation. An amended complaint was filed on January 31, 
2001. The complaint, as amended, alleges violations of section 337 in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain 
oscillating sprinklers, sprinkler components, and nozzles that are 
allegedly covered by claims 1-4, 6-16 and 18-22 of U.S. Letters Patent 
6,036,117, claims 1-5, 9-11 and 14 of U.S. Letters Patent 5,511,727, 
and claims 44-49 and 51-53 of U.S. Letters Patent 5,645,218. The 
complaint further alleges that there exists an industry in the United 
States as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and permanent cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, 
Washington, DC 20436, telephone 202-205-2000. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may be 
obtained by accessing its internet server (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2572.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in Sec. 210.10 of the Commission's rules of practice and 
procedure, 19 CFR 210.10 (2000).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on February 2, 2001, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain oscillating 
sprinklers, sprinkler components, and nozzles by reason of infringement 
of claims 1-4, 6-16, 18-21 or 22 of U.S. Letters Patent 6,036,117, 
claims 1-5, 9-11 or 14 of U.S. Letters Patent 5,511,727, or claims 44-
49, 51-52 or 53 of U.S. Letters Patent 5,645,218, and whether there 
exists an industry in the United States as required by subsection 
(a)(2) of section 337.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is--L.R. Nelson Corporation, One Sprinkler 
Lane, Peoria, Illinois 61615.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:


[[Page 9722]]


Ruey Ryh Enterprise Co., Ltd., 133, An Hsi Street, An Hsi Village, 
Chang Hua Hsien, Taiwan, Postcode 504
Yuan Mei Group, No. 1, Lane 288, Sec. 1 Lu Ho Rd., Lu Kang, Chang Hua 
Hsien, Taiwan
Amagine Garden, Inc., No. 21, Lane 409, Lu Ho Rd. Sec., Lu Kang Chen, 
Chang Hua Hsien, Taiwan
Aqua Star Industries, Inc., 5775 Jurupa St., Ontario, California 91761
Le Yuan Industrial Co., Ltd. No. 10 Fang Tung Road, Rangyuan Hsiang, 
Changhua, Taiwan
Shin Da Spurt Water of Garden Tool Co., Ltd., No. 75, Koao Tsuoh Land, 
Kiao Tauoh Li, Chang Hua Hsien, Taiwan, Postcode 505
Melnor, Inc., One Carol Place, Moonachie, New Jersey 07074-1386
Rain Bird Sprinkler Manufacturing Corp., 145 N. Grand St., Glendora, 
California 91741-2469
Lego Irrigation Equipment, Kiryat Nordau, Netanya, Israel
Naan Sprinkler and Irrigation Systems, Inc., Kibbutz Naan, 76829, 
Israel
Orbit Irrigation Products, Inc., 845 N. Overland Road, North Salt Lake, 
Utah 84054
Gardena Krest + Kastner GmbH, Hans-Lorenserstrasse 40, D-89070 Ulm, 
Germany
Watex International Co., Ltd., 10, Chung Shan Road, Min Shun Hsiang, 
Taiwan,

    (c) Juan Cockburn, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401-Q, 
Washington, D.C. 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with Sec. 210.13 of 
the Commission's rules of practice and procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a) of the Commission's rules, 
such responses will be considered by the Commission if received not 
later than 20 days after the date of service by the Commission of the 
complaint and the notice of investigation. Extensions of time for 
submitting responses to the complaint will not be granted unless good 
cause therefor is shown.
    Failure of the respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    Issued: February 5, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-3342 Filed 2-8-01; 8:45 am]
BILLING CODE 7020-02-P