[Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
[Notices]
[Pages 11221-11222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6516]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-374]
Certain Electrical Connectors and Products Containing Same;
Notice of Commission Decision 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: 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 February 9, 1996, 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 electrical
connectors.
FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of the
General Counsel, U.S. International Trade
[[Page 11222]]
Commission, telephone 202-205-3116. 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: The Commission instituted this investigation
on May 8, 1995, based on a complaint filed by AMP Inc. of Harrisburg,
Pennsylvania and The Whitaker Corporation of Wilmington, Delaware
(collectively ``complainants''). 60 FR 25247. The following firms were
named as respondents: Berg Electronics, Inc; Hon Hai Precision Industry
Co., Ltd. (Hon Hai); Foxconn International (Foxconn); and Tekcon
Electronics Corp. On September 8, 1995, the presiding ALJ issued an
initial determination ID (Order No. 24) finding adverse inferences
against Hon Hai and an ID (Order No. 26) finding Foxconn in default. On
February 9, 1996, the ALJ issued an ID (Order No. 38) making the
additional adverse inference that Hon Hai violated section 337. No
petitions for review of this ID were received. On February 9, 1996, the
ALJ also issued a recommended determination on the issues of remedy and
bonding.
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 Foxconn and
Hon Hai 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. Such submissions should address the February 9, 1996,
recommended determination by the ALJ. 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 28, 1996. Reply submissions must be filed no later
than the close of business on April 4, 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,
210.49 and 210.50 of the Commission's Rules of Practice and Procedure
(19 C.F.R. Secs. 210.42, 210.49 and 210.50).
By order of the Commission.
Issued: March 13, 1996.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-6516 Filed 3-18-96; 8:45 am]
BILLING CODE 7020-02-P
