[Federal Register Volume 66, Number 50 (Wednesday, March 14, 2001)]
[Notices]
[Pages 14936-14937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6341]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-452]
In the Matter of Certain Personal Watercraft and Components
Thereof; Notice of Investigation
AGENCY: 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 February 6, 2001, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Yamaha Hatsudoki Kabushiki Kaisha, dba Yamaha Motor Company, Ltd. of
Iwata, Japan and Sanshin Kohyo Kabushiki Kaisha, dba Sanshin Industries
Company, Ltd. of Hamamatsu, Japan. A supplement to the complaint was
filed on February 26, 2001. The complaint, as supplemented, 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 personal watercraft and components thereof by
reason of infringement of claims 1-5 and 9-12 of U.S. Letters Patent
5,752,867; claims 1, 2, 3, 8, 11, 15, 18, 19, 21, 22, 41, 42, and 43 of
U.S. Letters Patent 5,490,474; claims 1-11 of U.S. Letters Patent
5,619,950; claims 23-27 and 36-40 of U.S. Letters Patent 5,234,364;
claims 19-24 of U.S. Letters Patent 5,572,943; claims 1, 2, 11, 12, 13,
16, 17, 19, 20, and 21 of U.S. Letters Patent 5,699,749; claim 9 of
U.S. Letters Patent 5,550,337; claim 24 of U.S. Letters Patent
4,811,560; claim 1 of U.S. Letters Patent 4,813,898; claims 23, 40, and
41 of U.S. Letters Patent 5,390,621; and claims 1-9 of U. S. Letters
Patent 4,949,684. The complaint further alleges that there exists an
industry in the United States as required by subsection (a)(2) of
section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a permanent exclusion
order and a permanent cease and desist order.
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 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-ON-LINE) at http://dockets.usitc.gov/eol/public.
FOR FURTHER INFORMATION CONTACT: T. Spence Chubb, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2575.
Authority
The authority for institution of this investigation is contained in
section 337 of the Tariff Act of 1930, as amended, and in section
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 March 8, 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 personal
watercraft or components thereof by reason of infringement of claims 1-
5 or 9-12 of U.S. Letters Patent 5,752,867; claims 1-3, 8, 11, 15, 18,
19, 21, 22, 41, 42, or 43 of U.S. Letters Patent 5,490,474; claims 1-11
of U.S. Letters Patent 5,619,950; claims 23-27 or 36-40 of U.S. Letters
Patent 5,234,364; claims 19-24 of U.S. Letters Patent 5,572,943; claims
1, 2, 11, 12, 13, 16, 17, 19, 20, or 21 of U.S. Letters Patent
5,699,749; claim 9 of U.S. Letters Patent 5,550,337; claim 24 of U.S.
Letters Patent 4,811,560; claim 1 of U.S. Letters Patent 4,813,898;
claims 23, 40, or 41 of U.S. Letters Patent 5,390,621; or claims 1-9 of
U. S. Letters Patent 4,949,684; 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 complainants are--
Yamaha Hatsudoki Kabushiki Kaisha, dba Yamaha Motor Company, Ltd., 2500
Shingai, Iwata, Shizuoka 438-8501, Japan
Sanshin Kohyo Kabushiki Kaisha, dba Sanshin Industries Company, Ltd.,
1400 Nipashi, Hamamatsu, Shizuoka 432-8528, Japan
(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:
Bombardier Inc., 800 Rene-Levesque Blvd. West, Montreal, Quebec, Canada
H3B 1Y8
Bombardier Motor Corporation of America, 7575 Bombardier Court, P.O.
Box 8035, Wausau, Wisconsin 54402-8035
(c) T. Spence Chubb, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW., Room 401-F,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Debra
Morriss 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 section 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), such responses will be
considered by the Commission if received no later than 20 days after
the date of service by the Commission of the complaint and notice of
investigation. Extensions of time for submitting responses to the
complaint will not be granted unless good cause therefor is shown.
Failure of a 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
[[Page 14937]]
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: March 9, 2001.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-6341 Filed 3-13-01; 8:45 am]
BILLING CODE 7020-02-P