[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Notices]
[Pages 6863-6864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3954]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-372]
Certain Neodymium-Iron-Boron Magnets, Magnet Alloys, and Articles
Containing Same; Notice of Commission Decisions to Extend Target Date
for Completion of Investigation, Not To Review an Initial Determination
Finding a Violation of Section 337, and of the Schedule for Filing
Written Submissions on Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Commission has determined not
to review the initial determination (ID) issued on December 11, 1995,
by the presiding administrative law judge (ALJ) in the above-captioned
investigation. That ID found a violation of section 337 of the Tariff
Act of 1930 in the importation and sale of certain neodymium-iron-boron
magnets. Notice is also hereby given that the Commission has decided to
extend the target date for completion of this investigation from March
11, 1996, to March 29, 1996.
FOR FURTHER INFORMATION CONTACT: Lyle B. Vander Schaaf, Esq., Office of
the General Counsel, U.S. International Trade Commission, telephone
202-205-3107. Copies of the nonconfidential version 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 S.W., Washington,
D.C. 20436, telephone 202-205-2000. Hearing-impaired persons are
advised that
[[Page 6864]]
information on the matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: On March 3, 1995, the Commission instituted
an investigation of a complaint filed by Crucible Materials Corporation
under section 337 of the Tariff Act of 1930. The complaint, as
supplemented, alleged that respondents imported, sold for importation,
or sold in the United States after importation certain neodymium-iron-
boron magnets, magnet alloys, and articles containing same that
infringed claims 1-3 of U.S. Letters Patent 4,588,439 (the '439
patent), owned by Crucible. The Commission's notice of investigation
named eight respondents: San Huan New Materials Corporation of Bejing,
China (now known as San Huan New Materials High Tech, Inc.); Ningbo
Konit Industries, Inc. of Zhejiang Province, China; San Huan/Tridus
International, Inc. of Paramount, CA; Novel Hightech, Ltd. of Hong
Kong; Hennaco Industrial Enterprises, Inc. of Parsippany, NJ; Hennaco
Excell, Inc. of Flushing, NY; Sino American Products, Ltd. of New York,
NY; and InJohnson Precision Industrial Co., Ltd of Taipei, Taiwan.
The ALJ issued his final ID on December 11, 1995. He found that (1)
claims 1-3 of the '439 patent are valid and enforceable; (2) there is a
domestic industry manufacturing and selling products covered by the
patent claims in issue; (3) respondents Novel, Hennaco Industrial,
Hennaco Excell, Sino American, and InJohnson infringe claims 1-3 of the
'439 patent. Based upon these findings, the ALJ concluded that there
was a violation of section 337.
The Commission investigative attorney (IA) filed a petition for
review of the ID on January 19, 1996, and complainant Crucible filed a
response thereto on January 26, 1996. No government comments on the ID
were received by the Commission.
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 a party seeks exclusion of an article from
entry into the United States for purposes other than entry for
consumption, the party should so indicate and provide information
establishing that activities involving other types of entry either are
adversely affecting it or are likely to do so. For background, see the
Commission Opinion, In the Matter of Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360.
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 March 1, 1996.
Reply submissions must be filed no later than the close of business on
March 8, 1996. No further submissions will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions must file the original document
and 14 true copies thereof with the Office of the Secretary 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 C.F.R. Sec. 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. Sec. 1337), and Rules 210.42
and 210.51 of the Commission's Rules of Practice and Procedure (19
C.F.R. Secs. 210.42 and 210.51).
Issued: February 14, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary
[FR Doc. 96-3954 Filed 2-21-96; 8:45 am]
BILLING CODE 7020-02-P
