[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Notices]
[Pages 14808-14809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8151]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-372]
Certain Neodymium-Iron-Boron Magnets, Magnet Alloys, and Articles
Containing Same; Notice of Issuance of General Exclusion Order and
Cease and Desist Order and Termination of 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 issued a general exclusion order and a cease and desist
order to domestic respondent Hennaco Excell, Inc. in the above-
captioned
[[Page 14809]]
investigation and terminated the investigation.
FOR FURTHER INFORMATION CONTACT: Lyle B. Vander Schaaf, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street,
S.W., Washington, D.C. 20436, telephone 202-205-3107.
SUPPLEMENTARY INFORMATION: This investigation was initiated by the
Commission on March 3, 1995, based on a complaint filed by Crucible
Materials Corp. On December 11, 1995, the presiding administrative law
judge (ALJ) issued his final initial determination (ID) on the merits
in the investigation. The ALJ found a violation of section 337 of the
Tariff Act of 1930, as amended, based on his findings that (1) claims
1-3 of the patent in controversy, U.S. Letters Patent 4,588,439 (the
'439 patent), are valid and enforceable; (2) there is a domestic
industry manufacturing and selling products covered by the patent
claims in issue; (3) respondents Novel Hightech, Ltd., Hennaco
Industrial Enterprises, Inc., Hennaco Excell, Inc., Sino American
Products, Ltd., and Injohnson Precision Industrial Co. infringe claims
1-3 of the '439 patent. The ALJ specifically found that the Novel,
Injohnson, Sino American, and Hennaco respondents literally infringe
each of the claims in issue and found that the Hennaco respondents and
respondent Injohnson infringe the claims in issue under the doctrine of
equivalents.
On February 14, 1996, the Commission issued notice of its
determination not to review the final ID, and requested written
submissions on the issues of remedy, the public interest, and bonding.
61 FR 6863 (Feb. 22, 1996). Submissions were received from complainant
Crucible, the Commission investigative attorney, and respondents San
Huan New Materials, Ningbo Konit, and Tridus International. Complainant
and the Commission investigative attorney also filed reply submissions
on those issues.
Having reviewed the record in this investigation, including the
written submissions of the parties, the Commission made its
determinations on the issues of remedy, the public interest, and
bonding. The Commission determined that the appropriate form of relief
is a general exclusion order prohibiting the unlicensed importation of
infringing neodymium-iron-boron magnets and magnet alloys. In addition,
the Commission issued a cease and desist order directed to domestic
respondent Hennaco Excell, Inc. requiring that firm to cease and desist
from the following activities in the United States: importing, selling,
marketing, distributing, offering for sale, or otherwise transferring
(except for exportation) in the United States infringing imported
neodymium-iron-boron magnets or magnet alloys.
The Commission also determined that the public interest factors
enumerated in 19 U.S.C. Sec. 1337(d) and (f) do not preclude the
issuance of the general exclusion order and cease and desist order, and
that the bond during the Presidential review period shall be in the
amount of 100 percent of the entered value of the articles in question.
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 section
210.50 of the Commission's Rules of Practice and Procedure (19 CFR
Sec. 210.50).
Copies of the Commission's remedial orders, the Commission opinion
in support thereof, 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 this matter can be
obtained by contacting the Commission's TDD terminal on 202-205-1810.
Issued: March 29, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-8151 Filed 4-2-96; 8:45 am]
BILLING CODE 7020-02-P
