[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29064]
[[Page Unknown]]
[Federal Register: November 25, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-360]
Issuance of General Exclusion Order
In the matter of certain devices for connecting computers via
telephone lines.
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has issued a general exclusion order in the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT: Elizabeth C. Rose, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
S.W., Washington, DC 20436. Telephone: (202) 205-3113.
SUPPLEMENTARY INFORMATION: The authority for the Commission's
determination is contained in section 337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in section 210.58 of the Commission's
Interim Rules of Practice and Procedure (19 CFR 210.58).
Farallon Computing, Inc. (``Farallon'') filed a complaint on
October 12, 1993, pursuant to section 337 of the Tariff Act of 1930 (19
U.S.C. 1337) alleging that 16 respondents 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 devices
for connecting computers via telephone lines. Those 16 respondents
were: (1) ABL Electronics Corp. (``ABL''), (2) Caltechnology
International Ltd. (``Caltechnology''), (3) CPU Products (``CPU''), (4)
Enhance Cable Technology (``Enhance''), (5) Focus Enhancements, Inc.
(``Focus''), (6) Full Enterprises Corp. (``Full''), (7) Good Way
Industrial Co., Ltd. (``Good Way''), (8) MACProducts (USA) (now known
as DGR Technologies, Inc.) (``DGR''), (9) MicroComputer Cable Co., Inc.
(``MCC''), (10) Ming Technology Corp. (``Ming''), (11) Pan
International (USA) (``Pan''), (12) Shiunn Yang Enterprises Co., Ltd.
(``Shiunn Yang''), (13) Taiwan Techtron Corp. (``Techtron''), (14)
Technology Works, Inc. (``TechWorks''), (15) Total Technologies, Ltd.
(``Total''), and (16) Tremon Enterprises Co., Ltd. (``Tremon'').
Complainant Farallon alleged infringement of certain claims of U.S.
Letters Patent 5,003,579, which it owns. The Commission published a
notice of investigation in the Federal Register on November 17, 1993
(58 FR 60671). Two additional respondents were subsequently added to
the investigation: Ji-Haw Industrial Co., Ltd. (``Ji-Haw''), and Tri-
Tech Instruments Co., Ltd. (``Tri-Tech''). See 59 FR 10164 (March 3,
1994).
Of the 18 respondents named in this investigation, the Commission
has approved terminations based on settlements with respect to the
following 16 respondents: ABL, Caltechnology, CPU, DGR, Enhance, Focus,
Full, Good Way, Ji-Haw, MCC, Ming, Pan, Shiunn Yang, Techtron, Total,
and Tremon. Only respondents Tri-Tech and TechWorks have not settled
with complainant Farallon.
On April 26, 1994, the ALJ granted Farallon's motion for a summary
determination that a domestic industry exists in accordance with
subsections 337(a)(2) and (a)(3). The Commission published a notice of
its decision not to review that ID on May 24, 1994. See 59 FR 26811-12
(May 24, 1994).
On April 28, 1994, Farallon filed a motion for summary
determination of violation of section 337. The motion was unopposed by
any respondent and was supported by the Commission investigative
attorney. On May 24, 1994, the presiding ALJ issued an ID finding that
there was a violation of section 337. The ALJ found that the '579
patent was valid and infringed, that Tri-Tech imported the infringing
product into the United States, and that after importation, TechWorks
sold the infringing product in the United States. No petitions for
review of the ID or government agency comments were received by the
Commission.
On June 28, 1994, the Commission determined not to review the ID,
which thereby became the determination of the Commission. The
Commission also requested written submissions concerning the issues of
remedy, the public interest, and bonding. See 59 FR 34862-63 (July 7,
1994) and 59 FR 48449 (Sept. 21, 1994).
On November 17, 1994, the Commission made its determinations on the
issues of remedy, the public interest, and bonding. The Commission
determined that the appropriate form of relief is a general exclusion
order prohibiting the entry for consumption of infringing devices for
connecting computers via telephone lines. Finally, the Commission
determined that the public interest factors enumerated in 19 U.S.C.
1337(d) do not preclude the issuance of the aforementioned relief, and
that the bond during the Presidential review period shall be in the
amount of 346 percent of the entered value of the infringing devices
for connecting computers via telephone lines.
Copies of the Commission order, the Commission opinion in support
thereof, 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, S.W.,
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: November 18, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-29064 Filed 11-23-94; 8:45 am]
BILLING CODE 7020-02-P
