Notice2024-15890
Certain Storage Containers and Toolboxes, Organizers, Component Boxes, and Coolers; Notice of Institution of Investigation
Primary source
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Published
July 19, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 13, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Milwaukee Electric Tool Corporation of Brookfield, Wisconsin and Keter Home and Garden Products Ltd. of Israel. The 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 storage containers and toolboxes, organizers, component boxes, and coolers by reason of the infringement of certain claims of U.S. Patent No. 11,365,026 ("the '026 patent"); U.S. Patent No. 11,794,952 ("the '952 patent"); and U.S. Patent No. 11,952,167 ("the '167 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute.The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.
Full Text
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<title>Federal Register, Volume 89 Issue 139 (Friday, July 19, 2024)</title>
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[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Notices]
[Pages 58764-58765]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15890]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1409]
Certain Storage Containers and Toolboxes, Organizers, Component
Boxes, and Coolers; Notice of Institution of Investigation
AGENCY: 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 June 13, 2024, under section 337
of the Tariff Act of 1930, as amended, on behalf of Milwaukee Electric
Tool Corporation of Brookfield, Wisconsin and Keter Home and Garden
Products Ltd. of Israel. The 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 storage containers and toolboxes, organizers, component boxes,
and coolers by reason of the infringement of certain claims of U.S.
Patent No. 11,365,026 (``the '026 patent''); U.S. Patent No. 11,794,952
(``the '952 patent''); and U.S. Patent No. 11,952,167 (``the '167
patent''). The complaint further alleges that an industry in the United
States exists as required by the applicable Federal Statute.The
complainants request that the Commission institute an investigation
and, after the investigation, issue a limited exclusion order and a
cease and desist order.
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#85c0c1ccd6b6cde0e9f5c5f0f6ecf1e6abe2eaf3"><span class="__cf_email__" data-cfemail="3772737e64047f525b477742445e435419505841">[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>.
[[Page 58765]]
FOR FURTHER INFORMATION CONTACT: Heidi Yoo, The Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 15, 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 1-5 and 7-11 of the '026 patent; claims 1-23 of the '952 patent;
and claims 1-9, 11, and 13-16 of the '167 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 C FR 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 ``interlockable
storage containers and toolboxes, organizers, component boxes, and
coolers'';
(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 complainants are:
Milwaukee Electric Tool Corporation, 13135 West Lisbon Road,
Brookfield, WI 53005-2550
Keter Home and Garden Products Ltd., 2 Sapir Street, Industrial Zone,
Herzliya, Israel 4685206
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served:
Klein Tools, Inc., 450 Bond Street, Lincolnshire, IL 60069
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the 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), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainants 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 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 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.
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).
By order of the Commission.
Issued: July 15, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-15890 Filed 7-18-24; 8:45 am]
BILLING CODE 7020-02-P
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