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NEWS RELEASE 04-051; June 3, 2004 June 3, 2004
News Release 04-051
Inv. No. 337-TA-511

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN PET FOOD TREATS

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain pet food treats. The products at issue in this investigation are meat-based treats for pets.

The investigation is based on a complaint filed by Thomas J. Baumgartner and Hillbilly Smokehouse, Inc., both of Rogers, AR, on May 5, 2004, alleging 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 pet food treats that infringe a patent owned by the complainants. An amendment to the complaint, dated May 25, 2004, was also filed. The complainants request that the ITC issue an exclusion order and cease and desist orders.

The ITC has identified the following as respondents in this investigation:

By instituting this investigation (337-TA-511), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Sidney Harris, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Harris 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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