[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6132]


[[Page Unknown]]

[Federal Register: March 16, 1994]


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INTERNATIONAL TRADE COMMISSION
[
Investigation No. 337-TA-364]

 
Investigation

    In the Matter of Certain Curable Fluoroelastomer Compositions 
and Precursors Thereof.

AGENCY: International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 7, 1994, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Minnesota Mining and Manufacturing Company, 3M Center, St. Paul, 
Minnesota 55133. The complaint, as amended, alleges violations of 
subsection (a)(1)(B) 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 curable fluoroelastomer compositions and 
precursors thereof, by reason of alleged induced and contributory 
infringement of claims 1-2, 4-6, 11-12, and 14-15 of U.S. Letters 
Patent 4,287,320, and that there exists an industry in the United 
States as required by subsection (a)(2) of section 337.
    The complainant requests 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: Smith R. Brittingham IV, Esq., Office 
of Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2576.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.12 of the Commission's Interim Rules of Practice 
and Procedure, 19 CFR 210.12.

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on March 8, 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)(i) in the importation into 
the United States, the sale for importation, or the sale within the 
United States after importation of certain curable fluoroelastomer 
compositions, by reason of alleged infringement of claims 1-2, 4-6, 11-
12, and 14-15 of U.S. Letters Patent 4,287,320, 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 complainant is--Minnesota Mining and Manufacturing Company, 
3M Center, St. Paul, Minnesota 55133.
    (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:

Ausimont U.S.A., Inc., 44 Whippany Road, Post Office Box 1838, 
Morristown, New Jersey 07962-1838.
Ausimont, S.p.A., Foro Buonaparte, 31, 20121 Milano, Italy.

    (c) Smith R. Brittingham IV, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
room 401-M, 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 section 210.21 of 
the Commission's Interim Rules of Practice and Procedure, 19 CFR 
210.21. Pursuant to sections 201.16(d) and 210.21(a) of the 
Commission's Rules, 19 CFR 201.16(d) and 210.21(a), such responses will 
be considered by the Commission if received not 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: March 9, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-6132 Filed 3-15-94; 8:45 am]
BILLING CODE 7020-02-P