94-23361. Certain Devices for Connecting Computers via Telephone Lines; Notice of Request for Additional Written Submissions on the Scope of a Proposed Exclusion Order

[Federal Register Volume 59, Number 182 (Wednesday, September 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23361]


[[Page Unknown]]

[Federal Register: September 21, 1994]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-360]

 

Certain Devices for Connecting Computers via Telephone Lines; 
Notice of Request for Additional Written Submissions on the Scope of a 
Proposed Exclusion Order

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission seeks additional written submissions on the scope of a 
proposed exclusion order that may be issued in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Elizabeth C. Rose, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436. Telephone: [phone].

SUPPLEMENTARY INFORMATION: Farallon Computing, Inc. (``Farallon'') 
filed a complaint on October 12, 1993, pursuant to section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337), alleging that certain respondents 
had violated section 337 in the importation into the United States, the 
sale for importation, or the sale within the United States after 
importation of certain devices for connecting computers via telephone 
lines. The Commission published a notice of investigation in the 
Federal Register on November 17, 1993 (58 FR 60671).
    On June 28, 1994, the Commission determined not to review a final 
initial determination issued by the presiding administrative law judge 
finding a violation of section 337 in this investigation. The 
Commission requested written submissions on the issues of remedy, the 
public interest, and bonding. See 59 FR 34862-63 (July 7, 1994). Both 
complainant Farallon and the Commission investigative attorney proposed 
that the Commission issue a general exclusion order that ``excluded 
from entry into the United States,'' devices for connecting computers 
via telephone lines that are covered by claims 10, 18, or 20 of U.S. 
Letters Patent 5,003,579, for the remaining term of the patent, except 
under license of the patent owner or as provided by law.
    In connection with recent deliberations concerning the scope of the 
exclusion order issued in 1984 in Inv. Nos. 337-TA-148/169, Certain 
Processes for the Manufacture of Skinless Sausage Casings and Resulting 
Product, the Commission became aware that the U.S. Customs Service 
interprets the term ``exclusion from entry'' differently from a 
majority of the Commission. The Commission therefore wishes to avoid 
any ambiguity inherent in the use of this term by stating more 
precisely in any exclusion order that may be issued exactly what is and 
is not covered by the order.

Written Submissions

    The parties to the investigation, interested government agencies, 
in particular the U.S. Customs Service, and any other interested 
persons are encouraged to file written submissions on the scope of the 
proposed exclusion order and in particular on the use of the terms 
``exclusion from entry'' and ``entry.'' Such written submissions must 
be filed no later than the close of business on Monday, October 3, 
1994.
    Persons filing written submissions must file with the Office of the 
Secretary the original document and 14 true copies thereof on or before 
the deadlines stated above. Any person desiring to submit a document 
(or portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
is granted by the Commission will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and section 210.58 of 
the Commission's Interim Rules of Practice and Procedure (19 CFR 
210.58).
    Copies of Farallon's and the Commission investigative attorney's 
proposed exclusion orders and all other nonconfidential documents filed 
in connection with this investigation 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., Washington, D.C. 20436, telephone [phone]. Hearing-impaired 
persons are advised that information on the matter can be obtained by 
contacting the Commission's TDD terminal on 202-205-1810.

    Issued: September 13, 1994.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-23361 Filed 9-20-94; 8:45 am]
BILLING CODE 7020-02-P