[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6132]
[[Page Unknown]]
[Federal Register: March 16, 1994]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[
Investigation No. 337-TA-364]
Investigation
In the Matter of Certain Curable Fluoroelastomer Compositions
and Precursors Thereof.
AGENCY: International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 7, 1994, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Minnesota Mining and Manufacturing Company, 3M Center, St. Paul,
Minnesota 55133. The complaint, as amended, alleges violations of
subsection (a)(1)(B) of section 337 in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain curable fluoroelastomer compositions and
precursors thereof, by reason of alleged induced and contributory
infringement of claims 1-2, 4-6, 11-12, and 14-15 of U.S. Letters
Patent 4,287,320, and that there exists an industry in the United
States as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after a hearing, issue a permanent exclusion order
and permanent cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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., room 112,
Washington, DC 20436, telephone 202-205-1802. Hearing-impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810.
FOR FURTHER INFORMATION CONTACT: Smith R. Brittingham IV, Esq., Office
of Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2576.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.12 of the Commission's Interim Rules of Practice
and Procedure, 19 CFR 210.12.
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on March 8, 1994, Ordered That--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of section 337(a)(1)(B)(i) in the importation into
the United States, the sale for importation, or the sale within the
United States after importation of certain curable fluoroelastomer
compositions, by reason of alleged infringement of claims 1-2, 4-6, 11-
12, and 14-15 of U.S. Letters Patent 4,287,320, and whether there
exists an industry in the United States as required by subsection
(a)(2) of section 337.
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is--Minnesota Mining and Manufacturing Company,
3M Center, St. Paul, Minnesota 55133.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Ausimont U.S.A., Inc., 44 Whippany Road, Post Office Box 1838,
Morristown, New Jersey 07962-1838.
Ausimont, S.p.A., Foro Buonaparte, 31, 20121 Milano, Italy.
(c) Smith R. Brittingham IV, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
room 401-M, Washington, DC 20436, who shall be the Commission
investigative attorney, party to this investigation; and
(3) For the investigation so instituted, Janet D. Saxon, Chief
Administrative Law Judge, U.S. International Trade Commission, shall
designate the presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.21 of
the Commission's Interim Rules of Practice and Procedure, 19 CFR
210.21. Pursuant to sections 201.16(d) and 210.21(a) of the
Commission's Rules, 19 CFR 201.16(d) and 210.21(a), such responses will
be considered by the Commission if received not later than 20 days
after the date of service of the complaint. Extensions of time for
submitting responses to the complaint will not be granted unless good
cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the
respondents, to find the facts to be as alleged in the complaint and
this notice and to enter both an initial determination and a final
determination containing such findings, and may result in the issuance
of a limited exclusion order or a cease and desist order or both
directed against such respondent.
By order of the Commission.
Issued: March 9, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-6132 Filed 3-15-94; 8:45 am]
BILLING CODE 7020-02-P
