[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11475]


[[Page Unknown]]

[Federal Register: May 11, 1994]


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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-354]

 

Certain Tape Dispensers; Issuance of General Exclusion Order

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a general exclusion order in the above-captioned 
investigation.

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: The authority for the Commission's 
determination is contained in section 337 of the Tariff Act of 1930, as 
amended (19 U.S.C. 1337), and in section 210.58 of the Commission's 
Interim Rules of Practice and Procedure (19 CFR 210.58).
    Minnesota Mining and Manufacturing Corporation (``3M'') filed an 
amended complaint on June 30, 1993, under 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 are alleged to infringe a design patent, U.S. Letters Patent 
Des. 289,180 (the '180 patent). The Commission instituted this 
investigation by notice published in the Federal Register on July 21, 
1993, at 58 FR 39036. The Commission terminated Fancy International as 
a respondent and added Hoi Fung Industrial Company, Safina Office 
Products, and Shiang Shin Trading Company as respondents by notice 
published on November 10, 1993, at 58 FR 59735. The notice of 
investigation was further amended on January 12, 1994, after a request 
by 3M to terminate respondent Shiang Shin Trading Company and to change 
the name of respondent Safina Office Products to Shiang Shin 
International Inc. d/b/a Safina Office Products. 59 FR 1762-1763.
    On December 23, 1993, the presiding administrative law judge (ALJ) 
issued a final initial determination (``ID'') finding that there was a 
violation of section 337. The ALJ found that U.S. Letters Patent Des. 
289,180 is infringed and that a domestic industry exists with respect 
to the patent claim in issue. On January 21, 1994, the Commission 
determined not to review the ID, which thereby became the determination 
of the Commission. The Commission also requested written submissions 
concerning the issues of remedy, the public interest, and bonding. 59 
FR 3868-3869 (January 27, 1994).
    On April 5, 1994, the Commission made its determinations on the 
issues of remedy, the public interest, and bonding. The Commission 
determined that the appropriate form of relief is a general exclusion 
order prohibiting the importation of infringing tape dispensers. 
Finally, the Commission determined that the public interest factors 
enumerated in 19 U.S.C. 1337 (d), (f), and (g) do not preclude the 
issuance of the aforementioned relief, and that the bond during the 
Presidential review period shall be in the amount of 220 percent of the 
entered value of the infringing tape dispensers.
    Copies of the Commission order, the Commission opinion in support 
thereof, 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.

    Issued: May 3, 1994.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-11475 Filed 5-10-94; 8:45 am]
BILLING CODE 7020-02-P