[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Notices]
[Pages 50215-50216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24071]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-366]
Notice of Commission Decision Not To Review the Presiding
Administrative Law Judges's Initial Determination on Remand; Denial of
Motion for Oral Argument; and Schedule for the Filing of Written
Submissions on Remedy, the Public Interest, and Bonding
AGENCY: International Trade Commission.
ACTION: Notice.
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In the Matter of: Certain Microsphere Adhesives, Process for
Making Same, and Products Containing Same, Including Self-Stick
Repositionable Notes.
SUMMARY: Notice is hereby given that the Commission has determined not
to review the initial determination (ID) on remand issued by the
presiding administrative law judge (ALJ) on August 8, 1995, in the
above-captioned investigation. The Commission also determined to deny
complainant's request for oral argument.
FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
S.W., Washington, D.C. 20436, telephone 202-205-3104.
SUPPLEMENTARY INFORMATION: This investigation was instituted by the
Commission on June 8, 1994, based on a complaint filed by Minnesota
Mining and Manufacturing Co. (3M). On March 23, 1995, then presiding
ALJ (Chief Judge Janet Saxon) issued her final ID in this
investigation. The ALJ determined that a violation of section 337 of
the Tariff Act of 1930, as amended, has occurred by reason of
infringement of certain claims of U.S. Letters Patent 4,166,152 (the
'152 patent) in the importation or sale of certain products containing
microsphere adhesives by Kudos Finder Tape Industrial Ltd. and Kudos
Finder Trading Co. (collectively, Kudos). The finding of violation as
to Kudos was based on adverse inferences drawn from Kudos' failure to
cooperate in discovery. The ID found no violation as to respondents
Taiwan Hopax Chemicals Manufacturing, Co., Ltd.; Yuen Foong Paper Co.,
Ltd.; Beautone Specialties Co., Ltd.; and Beautone Specialties Co.
(collectively, Beautone).
On April 17, 1995, 3M, Beautone, and the Commission investigative
attorney (IA) filed petitions for review of the ID. On April 27, 1995,
they filed responses to each other's petitions. Under Commission
interim rule 210.53(h), the ID would have become the determination of
the Commission on May 8, 1995, unless review were ordered or the review
deadline were extended. However, on March 31, 1995, the Commission
extended the review deadline until May 23, 1995.
On May 23, 1995, the Commission determined to review the issues of
(1) claim interpretation, (2) patent infringement by Beautone and
Kudos, (3) patent validity under 35 U.S.C. Secs. 102(f), 102(g), and
112, second paragraph, and (4) domestic industry. The Commission
determined not to review the remainder of the ID. The Commission also
determined to remand the ID to the ALJ for additional findings and for
clarification of certain findings made in the ID concerning the issues
under review.
Subsequent to remand of the ID, the investigation was reassigned to
Judge Paul Luckern, who, on August 8, 1995, issued his ID on remand. 3M
and Beautone filed petitions for review on August 18, 1995. 3M,
Beautone, and the IA filed responses to the petitions. The Commission
determined not to review the remand ID, thereby resolving the issues of
claim interpretation and validity under 35 U.S.C. 112. Accordingly, the
violation issues remaining on review are patent validity under 35
U.S.C. 102(f), 102(g); patent infringement by Beautone and Kudos; and
domestic industry.
In connection with final disposition of this investigation, the
Commission may issue (1) an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
cease and desist orders that could result in respondents being required
to cease and desist from engaging in unfair acts in the importation and
sale of such articles. Accordingly, the Commission is interested in
receiving written submissions that address the form of remedy, if any,
that should be ordered. If a party seeks exclusion of an article from
entry into the United States for purposes other than entry for
consumption, the party should so indicate and provide information
establishing that activities involving other types of entry either are
adversely affecting it or are likely to do so. For background, see the
Commission Opinion, Certain Devices for Connecting Computers via
Telephone Lines, Inc., Inv. No. 337-TA-360.
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the President has 60
days to approve or disapprove the Commission's action. During this
period, the subject articles would be entitled to enter the United
States under a bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed, if remedial orders are issued.
WRITTEN SUBMISSIONS: The Commission has received adequate briefing on
the violation issues under review, and therefore will not accept
submissions on those issues. The parties to the investigation,
interested government agencies, and any other interested persons are
encouraged to file written submissions on the issues of remedy, the
public interest, and bonding. Complainant and the Commission
investigative attorney are also requested to submit proposed remedial
orders for the Commission's consideration. The written submissions and
proposed remedial orders must be filed no later than the close of
business on October 6, 1995. Reply submissions must be filed no later
than the close of business on October 13, 1995. No further submissions
will be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
and 14 true copies thereof with the Office of the Secretary on or
before the deadlines
[[Page 50216]]
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
C.F.R. 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 sections 210.53,
210.56, and 210.58 of the Commission's Interim Rules of Practice and
Procedure (19 C.F.R. 210.53, 210.56, and 210.58).
Copies of the nonconfidential version of the ID 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.
By order of the Commission.
Issued: September 22, 1995.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-24071 Filed 9-27-95; 8:45 am]
BILLING CODE 7020-02-P
