[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Notices]
[Pages 25247-25248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11682]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-374]
Certain Electrical Connectors and Products Containing Same;
Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337 and
provisional acceptance of motion for temporary relief.
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SUMMARY: Notice is hereby given that a complaint and a motion for
temporary relief were filed with the U.S. International Trade
Commission on April 3, 1995, under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, on behalf of AMP Incorporated, 470
Friendship Road, Harrisburg, PA 17105 and The Whitaker Corporation,
4550 New Linden Hill Road, Suite 450, Wilmington, DE 19808. The
complaint and motion were supplemented on April 27, 1995. The complaint
as supplemented alleges violations 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 electrical connectors
and products containing same by reason of alleged infringement of
claims 17, 18, 20, 21 and 23 of U.S. Letters Patent 5,383,792. The
complaint further alleges that there exists an industry in the United
States as required by subsection (a)(2) of section 337. The
complainants request that the Commission institute an investigation
and, after a full investigation, issue a permanent exclusion order and
permanent cease and desist orders.
The motion for temporary relief requests that the Commission issue
a temporary general exclusion order and temporary cease and desist
orders prohibiting the importation into and the sale within the United
States after importation of electrical connectors and products
containing same that infringe claims 17, 18, 20, 21 and 23 of U.S.
Letters Patent 5,383,792 during the course of the Commission's
investigation.
ADDRESSES: The complaint and motion for temporary relief, except for
any confidential information contained therein, are 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., Room 112, Washington, D.C. 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: Kent Stevens, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2579.
AUTHORITY: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
section 210.10 of the [[Page 25248]] Commission's Final Rules of
Practice and Procedure. (59 FR 39020, 39043 (August 1, 1994.) The
authority for provisional acceptance of the motion for temporary relief
is contained in section 210.58. (59 FR at 39062.)
SCOPE OF INVESTIGATION: Having considered the complaint and the motion
for temporary relief, the U.S. International Trade Commission, on May
5, 1995, 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 subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain electrical
connectors and products containing same by reason of alleged
infringement of claims 17, 18, 20, 21 or 23 of U.S. Letters Patent
5,383,792, and whether there exists an industry in the United States as
required by subsection (a)(2) of section 337.
(2) Pursuant to section 210.58 of the Commission's Final Rules of
Practice and Procedure (59 FR 39020, 39062 (August 1, 1994)), the
motion for temporary relief under subsection (e) of section 337 of the
Tariff Act of 1930, which was filed with the complaint, be
provisionally accepted and referred to an Administrative Law Judge.
(3) 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 complainants are--
AMP Incorporated, 470 Friendship Road, Harrisburg, PA 17105
The Whitaker Corporation, 4550 New Linden Hill Road, Suite 450,
Wilmington, DE 19808.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
and motion for temporary relief are to be served:
Berg Electronics, Inc., 825 Old Trail Road, Etters, PA 17319
Hon Hai Precision Industry Co., Ltd., 66 Chung Shan Road, Tucheng,
Taiwan
Foxconn International Inc., 930 W. Maude Avenue, Sunnyvale, CA 94086
Tekcon Electronics Corp., 2F, 164, Fu Hsin S. Rd., Sec. 2, Taipei City,
Taipei 0106, Taiwan
(c) Kent Stevens, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, S.W., Room 401L,
Washington, D.C. 20436, shall be the Commission investigative attorney,
party to this investigation; and
(4) For the investigation and temporary relief proceedings
instituted, Janet D. Saxon, Chief Administrative Law Judge, U.S.
International Trade Commission, shall designate the presiding
Administrative Law Judge.
(5) The request filed by Respondent Berg Electronics, Inc. on April
21, 1995, to designate the temporary relief proceedings ``more
complicated'' is denied without prejudice to the renewal of that
request before the presiding Administrative Law Judge.
Responses to the complaint, the motion for temporary relief, and
the notice of investigation must be submitted by the named respondents
in accordance with sections 210.13 and 210.59 of the Commission's Final
Rules of Practice and Procedure. (59 FR at 39045-46, 39062). Pursuant
to 19 CFR sections 201.16(d), 210.13(a) and 210.59 of the Commission's
Final Rules of Practice and Procedure (59 FR at 39045, 39062-63), such
responses will be considered by the Commission if received not later
than 10 days after the date of service by the Commission of the
complaint, the motion for temporary relief, and the notice of
investigation. 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, in the motion for temporary relief, and in
this notice may be deemed to constitute a waiver of the right to appear
and contest the allegations of the complaint, the motion for temporary
relief, and this notice, and to authorize the administrative law judge
and the Commission, without further notice to the respondent, to find
the facts to be as alleged in the complaint, motion for temporary
relief, 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: May 8, 1995.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-11682 Filed 5-10-95; 8:45 am]
BILLING CODE 7020-02-P
