81 FR 1965 - Certain Electronic Devices Containing Strengthened Glass and Packaging Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 9 (January 14, 2016)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 10, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Saxon Glass Technologies, Inc. of Alfred, New York. An amended complaint was filed on December 24, 2015. The amended complaint alleges violations of section 337 based upon the importation into the United States, or in the sale of certain electronic devices containing strengthened glass and packaging thereof, by reason of common law trademark infringement and dilution, the threat or effect of which is to destroy or substantially injure an industry in the United States. The amended complaint further alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electronic devices containing strengthened glass and packaging thereof by reason of infringement of U.S. Trademark Registration No. 2,639,419 (``the '419 Mark''). The amended complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.

[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Pages 1965-1966]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00577]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-981]


Certain Electronic Devices Containing Strengthened Glass and 
Packaging Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 10, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Saxon Glass Technologies, Inc. of Alfred, New York. An amended 
complaint was filed on December 24, 2015. The amended complaint alleges 
violations of section 337 based upon the importation into the United 
States, or in the sale of certain electronic devices containing 
strengthened glass and packaging thereof, by reason of common law 
trademark infringement and dilution, the threat or effect of which is 
to destroy or substantially injure an industry in the United States. 
The amended complaint further alleges violations of section 337 based 
upon the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
electronic devices containing strengthened glass and packaging thereof 
by reason of infringement of U.S. Trademark Registration No. 2,639,419 
(``the '419 Mark''). The amended complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and a cease and desist order.

ADDRESSES: The amended 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) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 (2015).

    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on January 7, 2016, ordered 
that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) Whether there is a violation of subsection (a)(1)(A) of section 
337 based upon the importation into the United States, or in the sale 
of certain electronic devices containing strengthened glass and 
packaging thereof, by reason of common law trademark infringement or 
dilution, the threat or effect of which is to destroy or substantially 
injure an industry in the United States; and
    (b) whether there is a violation of subsection (a)(1)(C) of section 
337 based upon the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain electronic devices containing strengthened glass and packaging 
thereof by reason of infringement of the '419 Mark, and whether an 
industry in the United States exists 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: Saxon Glass Technologies, Inc., 200 N. Main 
Street, Alfred, NY 14802.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the amended 
complaint is to be served: Apple Inc., 1 Infinite Loop, Cupertino, CA 
95014.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the amended complaint and the notice of investigation 
must be submitted by the named respondent 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(e) and 210.13(a), 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended complaint and the notice of investigation will 
not be granted unless good cause therefor is shown.
    Failure of the respondent to file a timely response to each 
allegation in the amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
complaint and this notice and to enter an initial determination and a 
final determination containing such findings, and may result in the 
issuance of an exclusion order or a cease and desist order or both 
directed against the respondent.

    By order of the Commission.


[[Page 1966]]


    Issued: January 8, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-00577 Filed 1-13-16; 8:45 am]
BILLING CODE 7020-02-P