[Federal Register Volume 64, Number 36 (Wednesday, February 24, 1999)]
[Notices]
[Page 9177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4567]
[[Page 9177]]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-411]
Certain Organic Photoconductor Drums and Products Containing the
Same; Notice of Commission Determination to Review an Initial
Determination Terminating the Investigation Based on Withdrawal of the
Complaint
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review the initial determination (ID) of
the presiding administrative law judge (ALJ) terminating the above-
captioned investigation on the basis of complainants' withdrawal of
their complaint. The review concerns the consistency of the ALJ's
termination of the investigation with Commission policy regarding
termination of investigations ``with prejudice.'' The Commission
intends to complete its review expeditiously.
In addition, since respondents' motion for monetary sanctions
remains under consideration by the ALJ, the Commission has deferred
ruling on any issues concerning sanctions, including the matter of
whether the determination of sanctionable conduct made in ALJ Order No.
11 should be treated as concurrently filed with the ID terminating the
investigation under 19 CFR 210.25(d). Therefore, the Commission has
determined to waive any requirement for publication at this time of a
schedule that may be applicable for filing and responding to a petition
for review of ALJ Order No. 11.
FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3104.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on June 4, 1998, based on a complaint filed by Mitsubishi Chemical
Corporation of Japan and Mitsubishi Chemical Corporation America of
White Plains, New York (collectively, Mitsubishi). 58 FR 30513. Twelve
firms were named as respondents.
On December 4, 1998, Mitsubishi filed an unopposed motion to
terminate the investigation based on withdrawal of its complaint with
prejudice. By that date, only respondents Dainippon Ink and Chemicals
of Japan and DIC Trading (USA) of Fort Lee, New Jersey (collectively,
DIC) remained in the investigation. Some of the respondents had been
terminated based on consent order agreements with Mitsubishi or had had
the complaint withdrawn as to them. Others had entered into agreements
with Mitsubishi to be terminated from the investigation that had not
yet been acted upon by the ALJ. On December 7, 1998, the presiding ALJ
issued an ID granting complainants' motion.
Mitsubishi filed its motion to terminate one day after the ALJ
issued Order No. 11. That order, which issued on December 3, 1998,
granted in part a motion filed by DIC for sanctions against Mitsubishi.
It also ordered that Mitsubishi turn over to DIC a consultancy
agreement as to which Mitsubishi had claimed privilege. The ALJ
reserved ruling on two aspects of DIC's motion for sanctions until
after the then-scheduled hearing. Those parts of DIC's motion are
pending before the ALJ.
No petitions for review of the ID's determination to terminate the
investigation were filed. There were, however, numerous filings
concerning the sanctions issues raised in ALJ Order No. 11.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. Sec. 1337, and Commission rules 210.44,
19 CFR 210.44 and 210.4, 19 CFR 201.4.
Copies of the public version of the ALJ's 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 information on the matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810. General information
concerning the Commission may also be obtained by accessing its
Internet server (http://www.usitc.gov).
By order of the Commission.
Issued: February 18, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-4567 Filed 2-23-99; 8:45 am]
BILLING CODE 7020-02-P
