[Federal Register Volume 62, Number 44 (Thursday, March 6, 1997)]
[Notices]
[Pages 10292-10293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5465]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-390]
In the Matter of Certain Transport Vehicle Tires; Notice of
Commission Determination Not To Review an Initial Determination
Terminating the Investigation
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 not to review the presiding administrative
law
[[Page 10293]]
judge's (ALJ's) initial determination (ID) (Order No. 17) in the above-
captioned investigation terminating the investigation based on
withdrawal of the complaint.
FOR FURTHER INFORMATION CONTACT: Neal J. Reynolds, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3093.
SUPPLEMENTARY INFORMATION: On July 31, 1996, the Commission instituted
this investigation based on a complaint filed by Michelin North
America, Inc. (``MNA'). The complaint alleged that the importation and
sale of certain transport vehicle tires violated section 337 of the
Tariff Act of 1930 by infringing claims of U.S. Letters Patent
4,480,671 (``the '671 patent'') covering tread on a heavy duty tire.
The companies named as respondents are Kumho Tire Co., Ltd. and Kumho
Tire U.S.A., Inc. (``Kumho').
On November 27, 1996, Kumho filed a motion for summary
determination of non-infringement. MNA opposed the motion. On December
12, 1996, Kumho also filed two motions requesting the ALJ to compel MNA
to discover certain information relating to MNA's tire compounding and
manufacturing processes. MNA opposed the discovery motions, arguing
that the information requested by Kumho was extremely sensitive and
highly sought-after proprietary information of MNA and that it was not
relevant to the subject matter of the investigation. On December 24,
1996, the ALJ ordered MNA to produce the information (Order No. 12).
On January 7, 1997, pursuant to Commission rule 210.21(a), MNA
moved for an order terminating the investigation based on withdrawal of
the complaint. MNA stated that it was withdrawing the complaint and
requesting termination of the investigation in order to protect its
highly proprietary tire compounding information from discovery. Kumho
opposed the motion, arguing that the ALJ should rule on the pending
motion for summary determination before addressing the motion to
terminate. On January 30, 1997, the ALJ granted MNA's motion to
terminate and issued an ID terminating the investigation ``with
prejudice'' (Order No. 17). The ALJ declined to issue a decision on
Kumho's motion for summary determination.
On February 6, 1997, Kumho filed a petition for review of the ID
terminating the investigation. In its petition, Kumho requested that
the Commission vacate the ID and remand the investigation to the ALJ
with instructions to rule on Kumho's pending motion for summary
determination and its motion for discovery sanctions before ruling on
MNA's motion to terminate. MNA and the IA have opposed the petition for
review.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. Sec. 1337, and Commission rule 210.42, 19
C.F.R. Secs. 210.42. Copies 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, SW, Washington, D.C.
20436, telephone 202-205-2000. Hearing-impaired persons are advised
that information on this matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810.
Issued: February 28, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-5465 Filed 3-5-97; 8:45 am]
BILLING CODE 7020-02-P
