[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Notices]
[Page 36081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17426]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-372 Enforcement Proceeding]
Certain Neodymium-Iron-Boron Magnets, Magnet Alloys, and Articles
Containing Same; Notice of Referral of Formal Enforcement Proceeding to
an Administrative Law Judge for Issuance of a Recommended Determination
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Commission has referred the
formal enforcement proceeding instituted on April 25, 1996, in the
above-captioned investigation to an administrative law judge for
appropriate proceedings and the issuance of a recommended
determination.
FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
252-3116.
SUPPLEMENTARY INFORMATION: On October 10, 1995, the Commission issued a
notice that it had determined not to review an initial determination
(Order No. 29) of the presiding administrative law judge in the above-
captioned investigation granting a motion to terminate the
investigation as to respondents San Huan New Materials High Tech, Inc.,
Ningbo Konit Industries, Inc., and Tridus International, Inc. (the
``San Huan respondents'') on the basis of a Consent Order, and
subsequently issued the Consent Order. The Consent Order provides that
the San Huan respondents:
shall not sell for importation, import into the United States or
sell in the United States after importation or knowingly aid, abet,
encourage, participate in, or induce the sale for importation,
importation into the United States or sale in the United States
after importation of neodymium-iron-boron magnets which infringe any
of claims 1-3 of the '439 patent, or articles or products which
contain such magnets, except under consent or license from Crucible.
On March 4, 1996, complainant Crucible Materials Corporation filed
a complaint alleging that the San Huan respondents had violated the
Consent Order and seeking institution of a formal enforcement
proceeding. Crucible requested that the Commission enforce the Consent
Order, impose civil penalties, assess reasonable attorney's fees, and
impose such other remedies and sanctions as are appropriate. On March
12 and 28, 1996, the San Huan respondents filed letters objecting,
inter alia, to a formal enforcement proceeding and requesting that an
informal enforcement proceeding instead be instituted.
On April 25, 1996, the Commission issued an Order instituting a
formal enforcement proceeding and instructing the Secretary to transmit
the enforcement proceeding complaint to the San Huan respondents
through counsel for a response. On June 4, 1996, the San Huan
respondents filed a response to the complaint, denying violation of the
Consent Order and infringement of the patent claims at issue and
requesting that the Commission deny all relief sought and terminate the
enforcement proceeding with prejudice.
Having examined the San Huan respondents' response to the formal
enforcement proceeding complaint filed by Crucible, and having found
that issues concerning possible violation of the Commission's Consent
Order remain, the Commission determined to refer the enforcement
proceeding to Judge Paul J. Luckern for issuance of a recommended
determination concerning whether San Huan New Materials High Tech,
Inc., Ningbo Konit Industries, Inc., and/or Tridus International, Inc.
are in violation of the Commission's Consent Order. The recommended
determination is to be issued within six (6) months of the Commission
Order referring the enforcement proceeding to the administrative law
judge.
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
210.75 of the Commission's Rules of Practice and Procedure (19 C.F.R.
Sec. 210.75).
Copies of the Commission's Order and all other nonconfidential
documents filed in connection with this enforcement proceeding 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: July 1, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-17426 Filed 7-8-96; 8:45 am]
BILLING CODE 7020-02-P
