[Federal Register Volume 64, Number 173 (Wednesday, September 8, 1999)]
[Notices]
[Pages 48850-48851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23316]
=======================================================================
-----------------------------------------------------------------------
International Trade Commission
[Investigation No. 337-TA-416]
Certain Compact Multipurpose Tools; Notice of Issuance of General
Exclusion Order and Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that, having found violations of
section 337 of the Tariff Act of 1930 as amended (19 U.S.C. 1337), the
U.S. International Trade Commission has issued a general exclusion
order under section 337(d) (19 U.S.C. 1337(d)) and has terminated the
investigation.
FOR FURTHER INFORMATION CONTACT: P.N. Smithey, Office of the General
Counsel, U.S. International Trade Commission, telephone 202-205-3061.
General information concerning the Commission also may be obtained by
accessing its Internet server (http://www.usitc.gov). Hearing-impaired
individuals can obtain information concerning this matter by contacting
the Commission's TDD terminal at 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission conducted the subject
investigation to determine whether there is a violation of section 337
of the Tariff Act of 1930 as amended (19 U.S.C. 1337) in the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain compact
multipurpose tools that allegedly infringe claims of four U.S. design
patents. The complainant was the patent owner, Leatherman Tool Group,
Inc. Six firms were named as respondents: Suncoast of America, Inc.;
Quan Da Industries; Kumasama Products Co., Ltd.; Jiangsu Hongbao Group,
Corp.; SCIKO Chinalight, Ltd.; and Charles Amash Imports, Inc., d/b/a
Grip On Tools. Grip On and Suncoast were terminated from the
investigation on the basis of consent orders. The Commission found
Jiangsu, Kumasama, Quan Da, and SCIKO to be in default in light of
their failure to answer the complaint and notice of investigation in
the manner prescribed by the Commission's rules and their failure to
respond to orders directing them to show cause why they should not be
found in default. By granting the complainant's motions for summary
determination on various issues, the Commission determined that the
latter four respondents violated section 337.1
---------------------------------------------------------------------------
\1\ See 63 FR 52287 (Sept. 30, 1998); 63 FR 70215 (Dec. 18,
1998); and 64 FR 35679 (July 1, 1999).
---------------------------------------------------------------------------
The remaining issues for the Commission to decide were (1) the
appropriate remedy for the aforesaid violations, (2) whether the
statutory public interest factors precluded such relief, and (3) the
amount of the bond during the Presidential review period under section
337(j).2 In making those determinations, the Commission was
required to take into account the presiding administrative law judge's
recommended determination (RD) on permanent relief and bonding under 19
CFR 210.42(a)(2), as well as any written submissions from parties, the
public, or other Federal agencies.3 The Commission solicited
but did not receive submissions from other agencies or members of the
public.4 Complainant Leatherman and the Commission
investigative attorney each filed a written submission on remedy, the
public interest, bonding, and the RD.
---------------------------------------------------------------------------
\2\ See 19 CFR 210.50(a) and 19 U.S.C. 1337(d), (f), (g), and
(j)(3).
\3\ See 19 CFR 210.42(a)(2) and 210.50(a)(4). See also 19 U.S.C.
1337(b)(2) and S. Rept. No. 1298, 93d Cong. 2d Sess. at 195 (1974).
\4\ Id. and 64 FR 35679 (July 1, 1999).
---------------------------------------------------------------------------
After considering the RD and the parties' submissions, the
Commission determined that a general exclusion
[[Page 48851]]
order is the appropriate remedy for the violations found in the subject
investigation, that the statutory public interest factors do not
preclude such relief, and that the bond during the Presidential review
period should be 100 percent of the imported articles' entered value.
The Commission accordingly has terminated the investigation and
issued a general exclusion order prohibiting the entry of imported
tools covered by one or more of the following design patents: U.S.
Letters Patent Des. 385,168, entitled ``Scissors,'' issued on October
21, 1997; U.S. Letters Patent Des. 385,169, entitled ``Folding
Scissors,'' issued on October 21, 1997; U.S. Letters Patent Des.
385,170, entitled ``Folding Scissors,'' issued on October 21, 1997; and
U.S. Letters Patent Des. 380,362, entitled ``Scissors,'' issued on July
1, 1997.
Nonconfidential copies of the Commission's Order and its Opinion on
Remedy, the Public Interest, and Bonding, all other documents cited in
this notice, and all other nonconfidential documents filed in the
investigation are or will be made available for public inspection
during official business hours (8:45 a.m. to 5:15 p.m.) in the
Commission's Office of the Secretary, Dockets Branch, 500 E Street,
SW., Room 112, Washington, DC 20436, telephone 202-205-1802.
Issued: August 30, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-23316 Filed 9-7-99; 8:45 am]
BILLING CODE 7020-02-P
