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NEWS RELEASE 01-148; December 19, 2001 December 19, 2001
News Release 01-148
Inv. No. 337-TA-466

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN ORGANIZER RACKS AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain organizer racks and products containing same. The products at issue in this investigation are injection molded plastic racks designed to hold compact disk (CD) jewelboxes when installed as components in entertainment and office furniture.

The investigation is based on a complaint filed by Spectrum Concepts, Inc., of Carlsbad, CA, on November 21, 2001. An amended complaint was filed on December 14, 2001, and supplementary letters were filed on November 27 and December 14, 2001. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain organizer racks and products containing same that infringe a patent owned by Spectrum Concepts, Inc. The complainant requests that the ITC issue a permanent exclusion order and a permanent cease and desist order.

The ITC has identified Bryan Plastics Ltd. of Claire, Quebec, Canada, as the respondent in this investigation.

By instituting this investigation (337-TA-466), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Delbert R. Terrill, Jr., an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Terrill will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the President of the United States within that 60-day period.

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