[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Notices]
[Pages 56515-56516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27400]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-372 (Enforcement Proceeding)]
Certain Neodymium-Iron-Boron Magnets, Magnet Alloys, and Articles
Containing Same; Notice of Commission Decision Vacating an Order
Imposing a Civil Penalty for Violation of a Consent Order and
Dismissing Formal Enforcement Proceeding
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Commission has vacated its
September 26, 1997, order imposing a civil penalty in the amount of
$1,550,000 on San Huan New Materials High Tech, Inc.; Ningbo Konit
Industries, Inc.; and Tridus International, Inc. for violation of the
consent order issued on October 11, 1995, and that the Commission has
dismissed the formal enforcement proceeding instituted on May 16, 1996.
FOR FURTHER INFORMATION CONTACT: Michael Diehl, Office of the General
Counsel, U.S. International Trade Commission, telephone 202-205-3095.
SUPPLEMENTARY INFORMATION: On October 11, 1995, the Commission
terminated this investigation as to respondents San Huan New Materials
High Tech, Inc.; Ningbo Konit Industries, Inc.; and Tridus
International, Inc. (``respondents'') on the basis of a consent order.
The order provided that respondents shall not sell for importation into
the United States, import into the United States, or sell in the United
States after importation neodymium-iron-boron magnets that infringe any
of claims 1-3 of U.S. Letters Patent 4,588,439, (the `` `439 patent''),
except under consent or license from the complainant.
On March 6, 1996, complainant alleged that respondents were in
violation of the consent order. The matter was referred to the
administrative law judge (``ALJ'') who presided over the original
investigation, and on December 24, 1996, the ALJ issued a recommended
determination (``RD'') that respondents had violated the consent order,
and that a civil penalty of $1.625 million should be levied.
On September 26, 1997, the Commission determined that respondents
had violated the consent order and assessed a civil penalty of $1.55
million.
On June 8, 1999, complainant's successor in interest, YBM Magnex,
Inc., and respondents executed an agreement providing a license for
respondents to manufacture, import, and sell magnets covered by the
'439 patent. On June 17, 1999, the parties filed a Joint Motion to
Vacate the Commission's Civil Penalty Order. On June 29, 1999, the
Commission's Office of Unfair Import Investigations (``OUII'') filed
its response to the joint motion. On July 9, 1999, respondents filed
their Motion for Leave to File a Reply to OUII's Response to Joint
Motion to Vacate the Commission's Civil Penalty Order, and attached the
reply to the motion.
This action is taken under the authority of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) and section 210.76 of the
Commission's Rules of Practice and Procedure (19 CFR 210.76).
Copies of the Commission's order and all other nonconfidential
documents filed in connection with this proceeding 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 at
202-205-1810.
Issued: October 13, 1999.
[[Page 56516]]
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-27400 Filed 10-10-99; 8:45 am]
BILLING CODE 7020-02-P
