[Federal Register Volume 60, Number 54 (Tuesday, March 21, 1995)]
[Notices]
[Pages 14960-14961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6865]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-365]
Decision Not To Review an Initial Determination Finding a
Violation of Section 337 and Schedule for the Filing of Written
Submissions on Remedy, the Public Interest, and Bonding
In the Matter of: Certain Audible Alarm Devices for Divers.
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the initial determination (ID)
issued on February 2, 1995, by the presiding administrative law judge
(ALJ) in the above-captioned investigation finding a violation of
section 337 in the importation and sale of certain audible alarm
devices for divers.
FOR FURTHER INFORMATION CONTACT: Rhonda M. Hughes, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3083. 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 202-205-3000. 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 June 8, 1994, the Commission instituted
an investigation of a complaint filed by David A. Hancock and Ideations
Design Inc. under section 337 of the Tariff Act of 1930. The complaint
alleged that Duton Industry Co., Ltd. (Duton) of Taipei, Taiwan and IHK
International Corp. (IHK) of Torrance, California had imported, sold
for importation, and sold within the United States after importation
certain audible alarm devices for divers by reason of infringement of
claim 6 of U.S. Letters Patent 4,950,107 (the '107 patent) and claim 1
of U.S. Letters Patent 5,106,236 (the '236 patent). The Commission's
notice of investigation named as respondents Duton and IHK, each of
which was alleged to have committed one or more unfair acts in the
importation or sale of audible alarm devices for divers that infringe
the asserted patent claims.
The ALJ conducted an evidentiary hearing commencing on October 11,
1994, and issued her final ID on February 2, 1995. She found that: (1)
claim 6 of the '107 patent and claim 1 of the '236 patent are valid and
enforceable; (2) there is a domestic industry manufacturing and selling
products protected by these two claims; (3) respondent IHK has imported
products that infringe claim 6 of the '107 patent and claim 1 of the
'236 patent, and respondent Duton has exported to the United States
products that infringe claim 6 of the '107 patent and claim 1 of the
'236 patent. Based upon her findings of validity, infringement, and
domestic industry, the ALJ concluded that there was a violation of
section 337.
No petitions for review of the ID were filed and, consequently, no
responses thereto were filed. 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 [[Page 14961]] 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.
Complainants 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 April 3, 1995.
Reply submissions must be filed no later than the close of business on
April 10, 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. 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. 1337), and Secs. 210.53 and
210.58 of the Commission's interim rules of practice and procedure (19
CFR 210.53 and 210.58).
Issued: March 13, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-6865 Filed 3-20-95; 8:45 am]
BILLING CODE 7020-02-P
