[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Notices]
[Pages 7581-7582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3142]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-364]
Certain Curable Fluoroelastomer Compositions and Precursors
Thereof; Notice of Decision not to Review Initial Determination Finding
a Violation of Section 337 and Schedule for the Filing of Written
Submissions on Remedy, the Public Interest, and Bondings
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the initial determination (ID)
issued on December 15, 1994, by the presiding administrative law judge
(ALJ) in the above-captioned investigation finding a violation of
section 337 in the importation into the United States and the sale
within the United States after importation of certain curable
fluoroelastomer compositions and precursors thereof.
FOR FURTHER INFORMATION CONTACT: Mark D. Kelly, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3106. 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 information on the matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: On March 16, 1994, the Commission instituted
an investigation of a complaint filed by Minnesota Mining and
Manufacturing Company (``3M'') under section 337 of the Tariff Act of
1930. The complaint alleged that Ausimont, S.p.A., of Milan, Italy, and
Ausimont U.S.A., Inc., of Morristown, NJ, imported, sold for
importation, or sold in the United States after importation certain
curable fluoroelastomer compositions and precursors thereof that
infringed certain claims of U.S. Letters Patent 4,287,320 (``the '320
patent''). The Commission's notice of investigation named as
respondents Ausimont Italy and Ausimont U.S.A., each of which was
alleged to have committed one or more unfair acts in the importation or
sale of curable fluoroelastomer compositions and precursors thereof
that infringe claims of the asserted patent.
The ALJ conducted an evidentiary hearing commencing on September
23, 1994, and issued his final ID on December 15, 1994. He found that:
(1) The '320 patent is not invalid; (2) respondents' imported products
infringe the claims in issue of the '320 patent; and (3) complainant 3M
satisfied the economic requirements for existence of a domestic
industry. Based upon his findings of validity, infringement, and
domestic industry, the ALJ concluded that there was a violation of
section 337.
Respondents filed a petition for review of the ALJ's findings on
the questions of validity of the '320 patent and infringement.
Complainant and the Commission investigative attorneys filed responses
to the petition for review. No other petitions for review of the ID or
government comments 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
[[Page 7582]] 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 attorneys 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 13, 1995.
Reply submissions must be filed no later than the close of business on
February 21, 1995. 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. 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 sections 210.53
and 210.58 of the Commission's Interim Rules of Practice and Procedure
(19 C.F.R. 210.53 and 210.58).
Issued: February 2, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-3142 Filed 2-7-95; 8:45 am]
BILLING CODE 7020-02-P
