[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1759]
[[Page Unknown]]
[Federal Register: January 27, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-354]
Commission Determination Not to Review an Initial Determination
Finding a Violation of Section 337 and Schedule for the Filing of
Written Submissions on Remedy, the Public Interest, and Bonding
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the presiding administrative
law judge's (ALJ) final initial determination (ID) in the above-
captioned investigation finding a violation 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 tape
dispensers.
FOR FURTHER INFORMATION CONTACT: James M. Lyons, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone 202-205-3094.
SUPPLEMENTARY INFORMATION: Minnesota Mining and Manufacturing Company
(``3M'') filed an amended complaint on June 30, 1993, pursuant to
section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) alleging that
three respondents: (1) Acurite Industries Corp.; (2) Fancy
International (HK) Ltd.; and (3) Charles Leonard, Inc. had violated
section 337 in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain tape dispensers. The tape dispensers were alleged to infringe
the claim of U.S. Letters Patent Des. 289,180 (the '180 patent). On
July 21, 1993, the Commission instituted this investigation by notice
published in the Federal Register at 58 FR 39036.
The Commission terminated respondent Fancy International and
amended the notice of investigation to add as respondents Hoi Fung
Industrial Company, Shiang Shin Trading Co., and Safina Office Products
by notice published on November 10, 1993, at 58 FR 59735. The
Commission terminated respondent Shiang Shin Trading Co. and changed
the name of respondent Safina Office Products to Shiang Shin
International, Inc. d/b/a Safina Offfice Products by notice published
on January 12, 1994 at 59 FR 1762.
On November 29, 1993, complainant 3M filed a motion for summary
determination of violation of section 337 which was unopposed. On
December 23, 1993, the presiding ALJ issued her final ID finding that
there was a violation of section 337. The ALJ found that the '180
patent was valid and infringed. The ALJ also found that a domestic
industry exists with respect to the patent claim in issue. No petitions
for review or government agency comments were received by the
Commission. Having examined the record in this investigation, including
the ID, the Commission determined not to review the ID, thereby finding
a violation of section 337.
In connection with final disposition of this investigation, the
Commission may issue (1) An order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
cease and desist orders that could result in respondents being required
to cease and desist from engaging in unfair acts in the importation and
sale of such articles. Accordingly, the Commission is interested in
receiving written submissions that address the form of remedy, if any,
that should be ordered.
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) The
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the President has 60
days to approve or disapprove the Commission's action. During this
period, the subject articles would be entitled to enter the United
States under a bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed, if remedial orders are issued.
WRITTEN SUBMISSIONS: The parties to the investigation, interested
government agencies, and any other interested persons are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding.
Complainant and the Commission investigative attorney are also
requested to submit proposed remedial orders for the Commission's
consideration. The written submissions and proposed remedial orders
must be filed no later than the close of business on February 9, 1994.
Reply submissions must be filed no later than the close of business on
February 16, 1994. No further submissions will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions must file with the Office of the
Secretary the original document and 14 true copies thereof on or before
the deadlines stated above. Any person desiring to submit a document
(or portion thereof) to the Commission in confidence must request
confidential treatment unless the information has already been granted
such treatment during the proceedings. All such requests should be
directed to the Secretary of the Commission and must include a full
statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
is granted by the Commission will be treated accordingly. All
nonconfidential written submissions will be available for public
inspection at the Office of the Secretary.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and section 210.53(h)
of the Commission's Interim Rules of Practice and Procedure (19 CFR
210.53(h)).
Copies of the ID and all other nonconfidential documents filed in
connection with this investigation are/or will be 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, SW., Washington, DC 20436, telephone 202-205-2000. Hearing-
impaired persons are advised that information on the matter can be
obtained by contacting the Commission's TDD terminal on 202-205-1810.
By order of the Commission.
Issued: January 21, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-1759 Filed 1-26-94; 8:45 am]
BILLING CODE 7020-OL-P
