Notice2024-10931
Certain Firearm Disassembly Tongs; Institution of Investigation
Primary source
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Published
May 20, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 15, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of GTUL LLC of Cedar Point, North Carolina. An amended complaint was filed on April 12, 2024. Supplements to the amended complaint were filed on April 15, 16, and 26, 2024. The amended complaint 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 firearm disassembly tongs by reason of the infringement of certain claims of U.S. Patent No. 8,793,915 ("the '915 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
Full Text
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<title>Federal Register, Volume 89 Issue 98 (Monday, May 20, 2024)</title>
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[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Notices]
[Pages 43873-43874]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10931]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1401]
Certain Firearm Disassembly Tongs; 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 February 15, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of GTUL LLC of
Cedar Point, North Carolina. An amended complaint was filed on April
12, 2024. Supplements to the amended complaint were filed on April 15,
16, and 26, 2024. The amended complaint 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 firearm disassembly tongs by reason of the infringement of
certain
[[Page 43874]]
claims of U.S. Patent No. 8,793,915 (``the '915 patent''). The
complaint further alleges that an industry in the United States exists
as required by the applicable Federal Statute. The complainant requests
that the Commission institute an investigation and, after the
investigation, issue a general exclusion order, or in the alternative a
limited exclusion order, and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#0b4e4f425838436e677b4b7e78627f68256c647d"><span class="__cf_email__" data-cfemail="9dd8d9d4ceaed5f8f1eddde8eef4e9feb3faf2eb">[email protected]</span></a>. 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 <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 13, 2024, 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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-23 of the '915 patent, and whether an industry in the United
States exists as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``devices suitable for
engaging the slide lock on a firearm; they include two arms that are
joined at a base and that [are] contoured to be pressed together to
grip the slide lock so that it may be removed from the remainder of the
gun'';
(3) 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:
GTUL LLC, 722 Cedar Point Blvd., Cedar Point, NC 28584
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
OFFROADCALI, 5835 Southfront Rd., Ste. 200, Livermore, CA 94550
ROADRUNNERMATERIALS, SPR GROUP INC, 6951 Southfront Road, Livermore, CA
94551,
DRP-California, Mission Trading Company, Inc., 6951 Southfront Road,
Livermore, CA 94551
Eurasiaparts Automotive Parts, 27610 Commerce Dr., Suite 101, Temecula,
CA 92590
Brementech, 3629 East 18th Street, Antioch, CA 94509
MTCPARTS.COM, 6951 Southfront Road, Livermore, CA 94551
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) 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 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(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 complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation 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 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 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.
Issued: May 14, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-10931 Filed 5-17-24; 8:45 am]
BILLING CODE 7020-02-P
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