Notice2025-04532
Certain Glow Fish Tape Systems, Safety Helmet Systems, and Components Thereof; Notice of Institution of Investigation
Primary source
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Published
March 19, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 11, 2025, under section 337 of the Tariff Act of 1930, as amended, on behalf of Klein Tools, Inc., of Lincolnshire, IL. The complaint was supplemented on March 3, 2025. The complaint, as supplemented, 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 glow fish tape systems, safety helmet systems, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 11,452,327 ("the '327 patent"); U.S. Patent No. 11,713,209 ("the '209 patent"); and U.S. Patent No. 12,187,573 ("the '573 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 limited exclusion order and a cease and desist order.
Full Text
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<title>Federal Register, Volume 90 Issue 52 (Wednesday, March 19, 2025)</title>
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[Federal Register Volume 90, Number 52 (Wednesday, March 19, 2025)]
[Notices]
[Pages 12790-12791]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04532]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1442]
Certain Glow Fish Tape Systems, Safety Helmet Systems, and
Components Thereof; Notice of 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 11, 2025, under section
337 of the Tariff Act of 1930, as amended, on behalf of Klein Tools,
Inc., of Lincolnshire, IL. The complaint was supplemented on March 3,
2025. The complaint, as supplemented, 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 glow fish tape systems, safety helmet systems, and components
thereof by reason of the infringement of certain claims of U.S. Patent
No. 11,452,327 (``the '327 patent''); U.S. Patent No. 11,713,209 (``the
'209 patent''); and U.S. Patent No. 12,187,573 (``the '573 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 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#6c2928253f5f2409001c2c191f05180f420b031a"><span class="__cf_email__" data-cfemail="6c2928253f5f2409001c2c191f05180f420b031a">[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: Susan Orndoff, The Office of the
Secretary, Docket Services Division, U.S. International Trade
Commission, telephone (202) 205-1802.
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 (2025).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 13, 2025, 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, 3-8, 10, 11, and 13-17 of the '327 patent; 6, 8, 9, 11, and
14-17 of the '209 patent; and 1, 2, 4, 6-8, 10, and 14-17 of the '573
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 ``glow fish tape
systems, safety helmet systems--the latter of which include safety
helmets and hard hats with an outer shell including a brim and front
and rear receptacles, and accessory devices that are releasably
mountable onto at least a portion of each of the front and rear
receptacles--and components thereof'';
(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: Klein Tools, Inc., 450 Bond Street,
Lincolnshire, IL 60069.
(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: Milwaukee Electric Tool Corporation, 13135 West Lisbon
Road, Brookfield, WI 53005.
(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), 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 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
[[Page 12791]]
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: March 13, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-04532 Filed 3-18-25; 8:45 am]
BILLING CODE 7020-02-P
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