[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-1759] [[Page Unknown]] [Federal Register: January 27, 1994] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-354] Commission Determination Not to Review an Initial Determination Finding a Violation of Section 337 and Schedule for the Filing of Written Submissions on Remedy, the Public Interest, and Bonding AGENCY: International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (ALJ) final initial determination (ID) in the above- captioned investigation finding a 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 tape dispensers. FOR FURTHER INFORMATION CONTACT: James M. Lyons, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202-205-3094. SUPPLEMENTARY INFORMATION: Minnesota Mining and Manufacturing Company (``3M'') filed an amended complaint on June 30, 1993, pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) alleging that three respondents: (1) Acurite Industries Corp.; (2) Fancy International (HK) Ltd.; and (3) Charles Leonard, Inc. 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 tape dispensers. The tape dispensers were alleged to infringe the claim of U.S. Letters Patent Des. 289,180 (the '180 patent). On July 21, 1993, the Commission instituted this investigation by notice published in the Federal Register at 58 FR 39036. The Commission terminated respondent Fancy International and amended the notice of investigation to add as respondents Hoi Fung Industrial Company, Shiang Shin Trading Co., and Safina Office Products by notice published on November 10, 1993, at 58 FR 59735. The Commission terminated respondent Shiang Shin Trading Co. and changed the name of respondent Safina Office Products to Shiang Shin International, Inc. d/b/a Safina Offfice Products by notice published on January 12, 1994 at 59 FR 1762. On November 29, 1993, complainant 3M filed a motion for summary determination of violation of section 337 which was unopposed. On December 23, 1993, the presiding ALJ issued her final ID finding that there was a violation of section 337. The ALJ found that the '180 patent was valid and infringed. The ALJ also found that a domestic industry exists with respect to the patent claim in issue. No petitions for review or government agency comments were received by the Commission. Having examined the record in this investigation, including the ID, the Commission determined not to review the ID, thereby finding a violation of section 337. 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 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 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 February 9, 1994. Reply submissions must be filed no later than the close of business on February 16, 1994. No further submissions will be permitted unless otherwise ordered by the Commission. 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 210.53(h) of the Commission's Interim Rules of Practice and Procedure (19 CFR 210.53(h)). Copies 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, SW., Washington, DC 20436, telephone 202-205-2000. Hearing- impaired persons are advised that information on the matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. By order of the Commission. Issued: January 21, 1994. Donna R. Koehnke, Secretary. [FR Doc. 94-1759 Filed 1-26-94; 8:45 am] BILLING CODE 7020-OL-P