UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN PLASTIC GROCERY AND
`RETAIL BAGS
`
`NOTICE OF INVESTIGATION
`
`AGENCY: U.S. International Trade Commission
`
`ACTION: Institution of investigation pursuant to 19 U.S.C. $1337
`
`SUMMARY: Notice is hereby given that a complaint was filed with the U.S.
`International Trade Commission on April 2,2003, under section 337 of the Tariff
`Act of 1930, as amended, 19 U.S.C. $1337, on behalf of Superbag Corp. of
`Houston, Texas. An amended complaint was filed on May 1,2003. The
`complaint alleges violations of section 337 in the importation into the United
`States, the sale for importation, and the sale within the United States after
`importation of certain plastic grocery and retail bags by reason of infringement of
`claims 1-8 and 15-19 of U.S. Patent No. 5,188,235. The complaint hrther alleges
`that an industry in the United States exists as required by subsection (a)(2) of
`section 337.
`
`The complainant requests that the Commission institute an investigation
`and, after the investigation, issue a permanent general exclusion order and
`permanent cease and desist orders.
`
`ADDRESSES: The amended complaint, except for any confidential information
`contained therein, is available for inspection during official business hours (8:45
`a.m. to 5: 15 p.m.) in the Office of the Secretary, U.S. International Trade
`Commission, 500 E Street, S.W., Room 112, Washington, D.C. 20436, telephone
`202-205-2000. Hearing impaired individuals are advised that information on this
`matter can be obtained by contacting the Commission’s TDD terminal on 202-
`205-1 8 10. 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 httd/www.usitc.pov. The public
`
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN PLASTIC GROCERY AND
`RETAIL BAGS
`
`NOTICE OF INVESTIGATION
`
`AGENCY: U.S. International Trade Commission
`
`ACTION: Institution of investigation pursuant to 19 U.S.C. $1337
`
`SUMMARY: Notice is hereby given that a complaint was filed with the U.S.
`International Trade Commission on April 2,2003, under section 337 of the Tariff
`Act of 1930, as amended, 19 U.S.C. $1337, on behalf of Superbag Corp. of
`Houston, Texas. An amended complaint was filed on May 1,2003. The
`complaint alleges violations of section 337 in the importation into the United
`States, the sale for importation, and the sale within the United States after
`importation of certain plastic grocery and retail bags by reason of infringement of
`claims 1-8 and 15-19 of U.S. Patent No. 5,188,235. The complaint hrther alleges
`that an industry in the United States exists as required by subsection (a)(2) of
`section 337.
`
`The complainant requests that the Commission institute an investigation
`and, after the investigation, issue a permanent general exclusion order and
`permanent cease and desist orders.
`
`ADDRESSES: The amended complaint, except for any confidential information
`contained therein, is available for inspection during official business hours (8:45
`a.m. to 5: 15 p.m.) in the Office of the Secretary, U.S. International Trade
`Commission, 500 E Street, S.W., Room 112, Washington, D.C. 20436, telephone
`202-205-2000. Hearing impaired individuals are advised that information on this
`matter can be obtained by contacting the Commission’s TDD terminal on 202-
`205-1 8 10. 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 httd/www.usitc.pov. The public
`
`
`
`record for this investigation may be viewed on the Commission's electronic
`docket at http://edis.usitc. pov.
`
`FOR FURTHER INFORMATION CONTACT: David H. Hollander, Jr., Esq.,
`Office of Unfair Import Investigations, U.S. International Trade Commission,
`telephone 202-205-2746.
`
`AUTHORITY: The authority for institution of this investigation is contained in
`section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the
`Commission's Rules of Practice and Procedure, 19 C.F.R. 4 210.10 (2002).
`
`SCOPE OF INVESTIGATION: Having considered the complaint, the U.S.
`International Trade Commission, on May 1 , 2003, 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)(l)(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 plastic grocery or retail bags by reason of infringement of one or more of
`claims 1-8 and 15-19 of U.S. Patent No. 5,188,235, and whether an industry in the
`United States exists as required by subsection (a)(2) of section 337.
`
`(2) 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-
`
`Superbag Corp.
`9291 Baythome Drive
`Houston, Texas 77041
`
`(b) The respondents are the following companies alleged to be in
`violation of section 337, and are the parties upon which the complaint is to be
`served:
`
`Thai Plastics Bags Industries Co., Ltd.
`42474 Moo 5, Soi Srisatian
`Raiking, Sampran, Nakhon Pathom 73210
`Thailand
`
`Hmong Industries, Inc.
`700 Prior Avenue North
`St. Paul, Minnesota 55104
`
`
`
`-3 -
`
`Spectrum Plastics, Inc.
`12850 Midway Place
`Cerritos, California 90703
`
`Pan Pacific Plastics Mfg., Inc.
`33441 Central Avenue
`Union City, California 94587
`
`(c) David H. Hollander, Jr., Esq., Office of Unfair Import
`Investigations, U.S. International Trade Commission, 500 E Street, S.W., Suite
`401, Washington, D.C. 20436, who shall be the Commission investigative
`attorney, party to this investigation; and
`
`(3) For the investigation so instituted, the Honorable Paul J. Luckern is
`designated as 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 2 10.13 of the
`Commission’s Rules of Practice and Procedure, 19 C.F.R. 0 2 10.13. Pursuant to
`19 C.F.R. $9 201.16(d) and 210.13(a), such responses will be considered by the
`Commission if received no 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 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 to authorize the
`administrative law judge and the Commission, without further notice to that
`respondent, to find the facts to be as alleged in the complaint and this notice and
`to enter both an initial determination and a final determination containing such
`findings, and may result in the issuance of a limited exclusion order or a cease and
`desist order or both directed against that respondent.
`
`By order of the Commission.
`
`Issued: May 2,2003
`
`/
`Marilyn R. w o t t
`Secretary to the Commission
`
`
`
`CERTAIN PLASTIC GROCERY AND RETAIL BAGS
`
`337-TA-492
`
`CERTIFICATE OF SERVICE
`
`I, Marilyn R. Abbott, hereby certify that the attached NOTICE OF INVESTIGATION AND COMPLAINT was
`served upon the Commission Investigative Attorney, David H. Hollander, Jr., Esq., and all parties via first class mail
`and air mail where necessary on May 5,2003.
`
`COMPLAINANT:
`
`Superbag Corporation
`929 1 Baythorne Drive
`Houston, Texas 77041
`
`COUNSEL FOR COMPLAINAT:
`
`Steven R. Borgman, Esq.
`Stephen S. Hodgson, Esq.
`Vinson & Elkins, LLP
`2300 First City Tower
`1001 Fannin
`Houston, Texas 77002-6760
`
`Greta L.H. Lichtenbaum, Esq.
`Vinson & Elkins, LLP
`The Willard Office Building
`1455 Pennsylvania Avenue, NW
`Washington, DC 20004-1008
`
`RESPONDENTS:
`
`Thai Plastics Bags Industries Co., Ltd.
`421174 Moo 5, Soi Srisatian
`Railung, Sampran, Nakhon Pathom 73210
`Thailand
`
`Hmong Industries, Inc.
`700 Prior Avenue North
`St. Paul, Minnesota 55 104
`
`Spectrum Plastics, Inc.
`12850 Midway Place
`Cerritos, CA 90703
`
`Pan Pacific Plastic Mfg., Inc.
`3344 1 Central Avenue
`Union City, California 94587
`
`EMBASSY:
`
`Embassy of Thailand
`1024 Wisconsin Avenue, NW
`Washington, DC 20007
`
`GOVERNMENT AGENCIES:
`
`George F. McCray, Esq.
`Chief, Intellectual Property Rights Branch
`U.S. Bureau of Customs and Border Protection
`Mint Annex Building
`1300 Pennsylvania Avenue, NW
`Washington, DC 20220
`
`Randy Tritell, Esq.
`Director for International Antitrust
`Federal Trade Commission
`Room 380
`Pennsylvania Avenue at Sixth Street, NW
`Washington, DC 20580
`
`Edward T. Hand
`Chief, Foreign Commerce Section
`Antitrust Division
`U.S. Department of Justice
`601 D Street, NW- Room 10023
`Washington, DC 20530
`
`Richard Lambert, Esq.
`Department of Health & Human Services
`Office of General Counsel
`National Institute of Health
`Building 3 1, Room 2B50
`9000 Rockville Pike
`Bethesda, Maryland 20892-21 11
`
`500 E Street, SW - Room 112
`Washington, DC 20436
`
`
`
`UNITED STATES INTEKNATIONAL TRADE COMMISSION
`
`WASHING'TDN, DC. 20436
`
`May 5,2003
`
`Superbag Corporation
`9291 Baythorne Drive
`Houston, Texas 77041
`
`Re: Certain Plastic Grocery and Retail Bags
`Investigation Number: 337-TA-492
`
`Dear SirMadam:
`
`This letter is to advise you that the U.S. International Trade Commission has
`instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19
`U.S.C. 1337). A copy of the Commission's notice of investigation is enclosed.
`
`Enclosure:
`1. Notice of Investigation
`
`
`
`OFFICEOF THE SECRETARY
`
`-
`
`-
`
`
`
`UNITED STATES INTEKNATIONAL TRADE COMMISSION
`
`WASHINGION, DC. 20436
`
`May 5,2003
`
`Steven R. Borgman, Esq.
`Vinson and Elkins LLP
`2300 First City Tower
`1001 Fannin
`Houston, Texas 77002-6760
`
`Re: Certain Plastic Grocery and Retail Bags
`Investigation Number: 337-TA-492
`
`Dear Mr. Borgman:
`This letter is to advise you that the U.S. International Trade Commission has
`instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19
`
`U.S.C. 1337). A copy of the Commission's notice of investigation is enclosed. *%4
`
`bbott
`
`Secreta&J
`
`Enclosure:
`1. Notice of Investigation
`
`
`
`OFFICE OF THE SECRETMY
`
`-
`
`-
`
`
`
`UNITED STATES INTEKNATIONAL TRADE COMMISSION
`
`WASHINGIDN, DC. 20436
`
`February 5,2003
`
`Greta L.H. Lichtenbaum, Esq.
`Vinson and Elkins LLP
`The Willard Office Building
`1455 Pennsylvania Avenue, NW
`Washington, DC 20004-1008
`
`Re: Certain Plastic Grocery and Retail Bags
`Investigation No.: 337-TA-492
`
`Dear Ms. Lichtenbaum:
`
`This letter is to advise you that the U.S. International Trade Commission has
`instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19
`U.S.C. 1337). A copy of the Commission's notice of investigation is enclosed.
`
`Sincerely,
`
`Enclosure:
`1. Notice of Investigation
`
`
`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTEKNATIONAL TRADE COMMISSION
`
`WASHINGIDN, IXC. 20436
`
`May 5,2003
`
`Thai Plastics Bags Industries Co., Ltd.
`42/174 Moo 5, Soi Srisatian
`biking, Sampran, Nakhon Pathom 732 10
`Thailand
`
`Re:
`
`Certain Plastic Grocery and Retail Bages
`Investigation No.: 337-TA-492
`
`Dear Sirhiadam:
`
`This letter is to advise you that the United States International Trade Commission
`has instituted an investigation under section 337 of the Tariff Act of 1930 (19
`U.S.C. 1337). One of the party-respondents named in the investigation is Media
`Thai Plastics Bags Industries Co., Ltd.
`
`We are hereby serving you with a copy of the complaint filed in this case. We are
`also enclosing copies of the section 337 of the Tariff Act of 1930, the
`Commission’s notice of investigation issued in this matter, and the Commission’s
`Rules of Practice and Procedure.
`
`Please note that the notice requires a response to the allegations in the complaint
`and the response must be received not later than twenty (20) days after the date of
`service of the complaint. Failure to file a response may result in inferences being
`drawn against your interests.
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Commission Rules of Practice and Procedure
`
`
`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTEKNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC. 20436
`
`May 5,2003
`
`Hmong Industries, Inc.
`700 Prior Avenue North
`St. Paul, Minnesota 55104
`
`Re:
`
`Certain Plastic Grocery and Retail Bags
`. Investigation No.: 337-TA-492
`
`Dear Sirmadam:
`
`This letter is to advise you that the United States International Trade Commission
`has instituted an investigation under section 337 of the Tariff Act of 1930 (19
`U.S.C. 1337). One o f the party-respondents named in the investigation is Hmong
`Industries, Inc.
`
`We are hereby serving you with a copy of the complaint filed in this case. We are
`also enclosing copies of the section 337 of the Tariff Act o f 1930, the
`Commission's notice of investigation issued in this matter, and the Commission's
`Rules of Practice and Procedure.
`
`Please note that the notice requires a response to the allegations in the complaint
`and the response must be received not later than twenty (20) days after the date of
`service of the complaint. Failure to file a response may result in inferences being
`drawn against your interests.
`
`Sincerely,
`
`Secre
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Commission Rules of Practice and Procedure
`
`
`
`OFFICEOFTHESECRETARY
`
`-
`
`-
`
`
`
`UNITED STATES INTEKNATIONAL TRADE COMMISSION
`
`WA%INmN. IXC. 20436
`
`May 5,2003
`
`Spectrum Plastics, Inc.
`12850 Midway Place
`Cerritos, California 90703
`
`Re:
`
`Certain Plastic Grocery and Retail Bags
`Investigation No.: 337-TA-492
`
`Dear SiriMadam:
`
`This letter is to advise you that the United States International Trade Commission
`has instituted an investigation under section 337 of the Tariff Act of 1930 (19
`U.S.C. 1337). One of the party-respondents named in the investigation is
`Spectrum Plastics, Inc.
`
`We are hereby serving you with a copy of the complaint filed in this case. We are
`also enclosing copies of the section 337 of the Tariff Act of 1930, the
`Commission’s notice of investigation issued in this matter, and the Commission’s
`Rules of Practice and Procedure.
`
`Please note that the notice requires a response to the allegations in the complaint
`and the response must be received not later than twenty (20) days after the date of
`service of the complaint. Failure to file a response may result in inferences being
`drawn against your interests.
`
`Sincerely,
`
`Marilyfl Abbott
`Secret&$
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Commission Rules of Practice and Procedure
`
`
`
`OFFICE OF THE SECRETARY
`
`-
`
`-
`
`
`
`UNITED STATES INTEKNATIONAL TRADE COMMISSION
`
`WASHINGIDN, DC. 20436
`May 5,2003
`
`Pan Pacific Plastics Mfg., Inc.
`33441 Central Avenue
`Union City, California 94587
`
`Re:
`
`Certain Plastic Grocery and Retail Bags
`Investigation No.: 337-TA-492
`
`Dear SirMadam:
`
`This letter is to advise you that the United States International Trade Commission
`has instituted an investigation under section 337 of the Tariff Act of 1930 (19
`U.S.C. 1337). One of the party-respondents named in the investigation is
`Pan Pacific Plastics Mfg. Inc.
`
`We are hereby serving you with a copy of the complaint filed in this case. We are
`also enclosing copies of the section 337 of the Tariff Act of 1930, the
`Commission’s notice of investigation issued in this matter, and the Commission’s
`Rules of Practice and Procedure.
`
`Please note that the notice requires a response to the allegations in the complaint
`and the response must be .received not later than twenty (20) days after the date of
`service of the complaint. Failure to file a response may result in inferences being
`drawn against your interests.
`
`e
`
`Sincerely,
`
`-bo$
`
`Secre
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Commission Rules of Practice and Procedure
`
`
`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTEKNATIONAL TRADE COMMISSION
`
`WASHING'IDN, IXC. 20436
`
`May 5,2003
`
`Embassy of Thailand
`1024 Wisconsin Avenue, N W
`Washington, D.C. 20007
`
`Re: Certain Plastic Grocery and Retail Bags
`Investigation No.: 337-TA-492
`
`Dear Sirmadam:
`This letter is to advise you that the U.S. International Trade Commission has
`instituted an investigation under section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). One or more of the party-respondents named in the investigation is located
`in Thailand.
`
`Pursuant to Commission rule 2 10.1 1 (a)(3), we are hereby serving you with a copy
`of the complaint filed in this investigation together with a copy of the
`Commission's notice of investigation.
`
`Sincerely,
`
`4%!@&4#&
`
`Maril
`
`.Abbott
`
`S e c r e w
`
`Enclosure:
`1. Complaint
`2. Notice of Investigation
`
`
`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTEKNATIONAL TRADE COMMISSION
`
`WASHINGTON, AC. 20436
`
`May 5,2003
`
`George F. McCray, Esq.
`Chief, Lntellectual Property Rights Branch
`U.S. Bureau of Customs and Border Protection
`Mint Annex Building
`1300 Pennsylvania Avenue, N W
`Washington, DC 20220
`
`Re:
`
`Certain Plastic Grocery and Retail Bags
`Investigation No.: 337-TA-492
`
`Dear Mr. McCray:
`
`The Commission has instituted an investigation under section 337 of the Tariff
`Act of 1930 (19 U.S.C. $337). A copy of the notice of investigation is enclosed.
`Non-confidential copies of the complaint and any supplements filed in the
`investigation, will be provided upon request. Requests should be directed to
`Marilyn R. Abbott, Secretary at (202) 205-1802.
`
`If you have questions concerning this investigation, please contact the
`Commission investigative attorney whose name and telephone number appear in
`the enclosed notice.
`
`Sincerely,
`
`MarilP
`
`Secre ry Abbott
`
`Enclosures:
`1. Notice of Investigation
`
`
`
`OFFICE OF THE SECRETARY
`
`-
`
`.
`
`
`
`UNITED STATES INTEKNATIONAL TRADE COMMISSION
`
`WASHINGITIN, D.C. 20436
`May 5,2003
`
`Randy Tritell, Esq.
`Director for International Antitrust
`Federal Trade Commission
`Room 380
`Pennsylvania Avenue at Sixth Street, N W
`Washington, DC 20580
`
`Re:
`
`Certain Plastic Grocery and Retail Bags
`Investigation No.: 337-TA-492
`Dear Mr. Tritell:
`
`The Commission has instituted an investigation under section 337 of the Tariff
`Act of 1930 (19 U.S.C. $337). A copy of the notice of investigation is enclosed.
`Non-confidential copies of the complaint and any supplements filed in the
`investigation, will be provided upon request. Requests should be directed to
`Marilyn R. Abbott, Secretary at (202) 205-1 802.
`
`If you have questions concerning this investigation, please contact the
`Commission investigative attorney whose name and telephone number appear in
`the enclosed notice.
`
`Sincerely,
`
`Secre
`
`Enclosures:
`1 . Notice of Investigation
`
`
`
`OFFICE OF "E SECRETARY
`
`-
`
`-
`
`
`
`UNITED STATES INTEKNATIONAL TRADE COMMISSION
`
`WASHINGTON, D.C. 20436
`
`May 5,2003
`
`Edward T. Hand
`Chief, Foreign Commerce Section
`Antitrust Division
`U.S. Department of Justice
`60 1 D Street, NW- Room 10023
`Washington, DC 20530
`
`Re:
`
`Certain Plastic Grocery and Retail Bags
`Investigation No.: 337-TA-492
`
`Dear Mr. Hand:
`
`The Commission has instituted an investigation under section 337 of the Tariff
`Act of 1930 (19 U.S.C. $337). A copy of the notice of investigation is enclosed.
`Non-confidential copies of the complaint and any supplements filed in the
`investigation, will be provided upon request. Requests should be directed to
`Marilyn R. Abbott, Secretary at (202) 205-1802.
`
`If you have questions concerning this investigation, please contact the
`Commission investigative attorney whose name and telephone number appear in
`the enclosed notice.
`
`Sincerely,
`
`MarilY
`
`Secreta
`
`Enclosures:
`1. Notice of Investigation
`
`
`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTEKNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC. 20436
`
`May 5,2003
`
`Richard Lambert, Esq.
`Department of Health & Human Services
`Office of General Counsel
`National Institute of Health
`Building 3 1, Room 2B50
`9000 Rockville Pike
`Bethesda, Maryland 20892-2 1 1 1
`
`Re:
`
`Certain Plastic Grocery and Retail Bags
`Investigation No. : 33 7-TA-492
`Dear Mr. Lambert:
`
`The Commission has instituted an investigation under section 337 of the Tariff
`Act of 1930 (19 U.S.C. $337). A copy of the notice of investigation is enclosed.
`Non-confidential copies of the complaint and any supplements filed in the
`investigation, will be provided upon request. Requests should be directed to
`Marilyn R. Abbott, Secretary at (202) 205-1 802.
`
`If you have questions concerning this investigation, please contact the
`Commission investigative attorney whose name and telephone number appear in
`the enclosed notice.
`
`Sincerely,
`
`Msilu
`
`Secre
`
`n
`
`Enclosures:
`1. Notice of Investigation
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