[Federal Register Volume 59, Number 177 (Wednesday, September 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22738]
[[Page Unknown]]
[Federal Register: September 14, 1994]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-368]
Notice of Investigation
AGENCY: International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
In the Matter of: Certain rechargeable nickel metal hydride
anode materials and batteries, and products containing same.
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 8, 1994, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Ovonic Battery Company, Inc., 1707 Northwood Drive, Troy, MI 48094 and
Energy Conversion Devices, Inc., 1675 West Maple Road, Troy, MI 48094.
An amendment to the complaint was filed on August 11, 1994, and an
amendment and supplement was filed on August 30, 1994. The complaint,
as amended and supplemented, alleges violation 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 rechargeable
nickel metal hydride anode materials and batteries, and products
containing same, by reason of alleged infringement of claims 1-17, 22-
23, 25, 27, and 32 of U.S. Letters Patent 4,623,597, and 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 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. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Room 112, Washington,
DC 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 Commission's Rules of Practice and Procedure, 59 FR
39020, 39043 (Aug. 1, 1994).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on September 2, 1994, 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 section 337(a)(1)(B) in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain
rechargeable nickel metal hydride anode materials and batteries, and
products containing same, by reason of alleged infringement of
claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,
22, 23, 25, 27 or 32 of U.S. Letters Patent 4,623,597, 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 complainants are--
Ovonic Battery Company, Inc., 1707 Northwood Drive, Troy, MI 48094
Energy Conversion Devices, Inc., 1675 West Maple Road, Troy, MI
48094
(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:
Sanyo Electric Co., Ltd., 222-1 Kaminaizen, Sumoto-City, Hyogo,
Japan
Sanyo Energy (USA) Corporation, 2001 Sanyo Avenue, San Diego, CA
92173
Yuasa Corporation, Sumitomo Higashi-Shimbashi, Bldg. No. 5, 2-11-7,
Higashi-Shimbashi, Minato-ky, Tokyo 105, Japan
Yuasa-Exide, Inc., 2400 Burnville Road, Reading, Pennsylvania 19605
Toshiba Battery Co., Ltd., KOEI Bldg. 13-10, Ginza 7-Chome, Chuo-Ku,
Tokyo 105, Japan
Toshiba America Information Systems, Inc., 9740 Irvine Blvd.,
Irvine, CA 92718
Toshiba America Consumer Products, Inc., 82 Totowa Road, Wayne, NJ
07470
(c) Kent Stevens, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street SW., Room 401-L,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, Janet D. Saxon, Chief
Administrative Law Judge, U.S. International Trade Commission, shall
designate the presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with Sec. 210.13 of
the Commission's Rules of Practice and Procedure, 59 F.R. 39020, 39045
(Aug. 1, 1994). Pursuant to sections 201.16(d) and 210.13(a) of the
Commission's Rules, 19 CFR Sec. 201.16(d) and 59 F.R. 39020, 39045
(Aug. 1, 1994), such responses will be considered by the Commission if
received no later than 20 days after the date of service of the
complaint. 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
respondents, 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.
By order of the Commission.
Issued: September 8, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-22738 Filed 9-13-94; 8:45 am]
BILLING CODE 7020-02-P
