[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Notices]
[Pages 41180-41181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20126]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-390]
Certain Transport Vehicle Tires; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 1, 1996, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Michelin North America, Inc., 1 Parkway South, Greenville, SC 29615-
5022. Supplementary letters enclosing corrected exhibits were filed on
July 2 and 3, 1996. 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 transport vehicle tires that infringe claims 1-6 of United
States Letters Patent 4,480,671.
The complainant requests that the Commission institute an
investigation and, after a hearing, issue a permanent exclusion order
and permanent cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection during official business
hours (8:45 a.m.
[[Page 41181]]
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: William F. Heinze, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2574.
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 Commission's Rules of Practice and Procedure, 19
CFR 210.10.
SCOPE OF INVESTIGATION: Having considered the complaint, the U.S.
International Trade Commission, on July 31, 1996, 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, and the
sale within the United States after importation of certain transport
vehicle tires by reason of infringement of claims 1-5 or 6 of United
States Letters Patent 4,480,671; and whether there exists an industry
in the United States as required by subsection (a)(2) of section 337.
(2) 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 complainant is--Michelin North America, Inc., 1 Parkway
South, Greenville, SC 29615-5022.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Kumho & Co., Inc., 10-1, Hoehyun-Dong 2-GA, Chung-Gu, Seoul, Republic
of Korea 100-052.
Kumho USA Inc., 14605 Miller Avenue, Fontana, CA 92336-1695.
(c) William F. Heinze, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street,
S.W., Room 401-M, Washington, D.C. 20436, shall be the Commission
investigative attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern is designated as the presiding administrative law judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to Secs. 201.16(d) and 210.13(a) of the Commission's Rules, 19
CFR 201.16(d) and 210.13(a), such responses will be considered by the
Commission if received not later than 20 days after the date of service
by the Commission of the complaint 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 and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint 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 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.
Issued: July 31, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-20126 Filed 8-6-96; 8:45 am]
BILLING CODE 7020-02-P
