95-14420. Certain Audible Alarm Systems for Divers; Notice of Issuance of Limited Exclusion Order and Cease and Desist Order  

  • [Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
    [Notices]
    [Pages 31164-31165]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-14420]
    
    
    
    -----------------------------------------------------------------------
    
    INTERNATIONAL TRADE COMMISSION
    [Investigation No. 337-TA-365]
    
    
    Certain Audible Alarm Systems for Divers; Notice of Issuance of 
    Limited Exclusion Order and Cease and Desist Order
    
    AGENCY: U.S. International Trade Commission.
    
    ACTION: Notice.
    
    -----------------------------------------------------------------------
    
    SUMMARY: Notice is hereby given that the U.S. International Trade 
    Commission has issued a limited exclusion order and a cease and desist 
    order in the above-captioned investigation.
    
    FOR FURTHER INFORMATION CONTACT: Anjali K. Singh, Esq., Office of the 
    General Counsel, U.S. International Trade Commission, 500 E Street, 
    S.W., Washington, D.C. 20436, telephone 202-205-3117.
    
    SUPPLEMENTARY INFORMATION: The authority for the Commission's 
    determinations is contained in section 337 of the Tariff Act of 1930, 
    as amended (19 U.S.C. 1337), and in section 210.58 of the Commission's 
    Interim Rules of Practice and Procedure (19 CFR 210.58).
        The Commission instituted this investigation on May 31, 1994, based 
    upon a complaint filed on April 28, 1994, by David A. Hancock and 
    Ideations Design Inc. (``complainants'') alleging that IHK 
    International Group of Torrance, California (``IHK'') and Duton 
    Industry Co., Ltd. of Taipei, Taiwan (``Duton'') (collectively referred 
    to as ``respondents'') had violated section 337 in the sale for 
    importation, the importation, and the sale after importation of certain 
    audible alarm devices for divers, by reason of infringement of claim 6 
    of U.S. Letters Patent 4,950,107 ('107 patent) and claim 1 of U.S. 
    Letters Patent 5,106,236 ('236 patent) owned by Mr. Hancock. 59 FR 
    29615 (June 8, 1994).
        On October 25, 1994, the presiding administrative law judge (ALJ) 
    issued an [[Page 31165]] initial determination (ID) (Order No. 23) 
    finding that respondent Duton was in default. The ALJ also issued 
    evidentiary sanctions in the form of adverse findings against Duton. On 
    November 21, 1994, the Commission determined not to review the ID. 59 
    FR 61342 (November 30, 1994).
        On February 2, 1995, the ALJ issued her final ID finding 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 those two patent claims; (3) respondent IHK has 
    imported products that infringe claim 6 of the '107 patent and claim 1 
    of the '236 patent; and (4) respondent Duton has exported to the United 
    States products that infringe claim 6 of the '107 patent and claim 1 of 
    the '236 patent. No petitions for review or agency comments were filed. 
    On March 13, 1995, the Commission determined not to review the ALJ's 
    final ID, and requested written submissions on the issues of remedy, 
    the public interest, and bonding. 60 FR 14960 (March 21, 1995).
        Submissions on remedy, the public interest, and bonding were 
    received from complainants and the Commission investigative attorney 
    (IA), both of whom 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 limited exclusion order prohibiting the unlicensed entry for 
    consumption of infringing audible alarm devices manufactured and/or 
    imported by or on behalf of IHK and Duton. In addition, the Commission 
    issued a cease and desist order directed to IHK requiring IHK 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 audible alarm devices.
        The Commission also determined that the public interest factors 
    enumerated in 19 U.S.C. 1337 (d) and (f) do not preclude the issuance 
    of the limited exclusion order and the cease and desist orders, and 
    that the bond during the Presidential review period shall be in the 
    amount of 152 percent of the entered value of the articles in question.
        Copies of the Commission 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: June 6, 1995.
    
        By order of the Commission.
    Donna R. Koehnke,
    Secretary.
    [FR Doc. 95-14420 Filed 6-12-95; 8:45 am]
    BILLING CODE 7020-02-P
    
    

Document Information

Published:
06/13/1995
Department:
International Trade Commission
Entry Type:
Notice
Action:
Notice.
Document Number:
95-14420
Pages:
31164-31165 (2 pages)
Docket Numbers:
Investigation No. 337-TA-365
PDF File:
95-14420.pdf