[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22180]
[[Page Unknown]]
[Federal Register: September 8, 1994]
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INTERNATIONAL TRADE COMMISSION
[
Investigation No. 337-TA-367]
Investigation
In the Matter of Certain Facsimile Machines and Components
Thereof.
AGENCY: U.S. 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 August 1, 1994, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Ricoh Company, Ltd., 1-3-6, Nakamagome, Ohta-ku, Tokyo 143, Japan and
Ricoh Corporation, 5 Dedrick Place, West Caldwell, New Jersey 07006. A
supplement to the complaint was filed on August 22, 1994, and an
amended complaint was filed on August 25, 1994. The complaint, as
supplemented and amended, alleges 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 facsimile
machines, by reason of alleged infringement of claims 1, 5 and 7-10 of
U.S. Letters Patent 4,249,216 and claims 1, 2, 4, 8 and 10 of U.S.
Letters Patent 4,494,149, and that there exists an industry in the
United States as required by subsection (a)(2) of section 337.
The complainants request 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, S.W., Room 112,
Washington, D.C. 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: Kent R. Stevens, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2579.
AUTHORITY: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
section 210.10 of the Commission's Rules of Practice and Procedure, 59
Fed. Reg. 39020, 39043 (Aug. 1, 1994).
SCOPE OF INVESTIGATION: Having considered the complaint, the U.S.
International Trade Commission, on August 30, 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) in the importation into
the United States, the sale for importation, or the sale within the
United States after importation of certain facsimile machines or
components thereof, by reason of alleged infringement of claims 1, 5,
7, 8, 9, or 10 of U.S. Letters Patent 4,249,216 or claims 1, 2, 4, 8,
or 10 of U.S. Letters Patent No. 4,494,149, 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 complainants are--
Ricoh Company, Ltd., 1-3-6, Nakamagome, Ohta-ku, Tokyo 143, Japan
Ricoh Corporation, 5 Dedrick Place, West Caldwell, New Jersey 07006
(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:
Samsung Electronics Co., Ltd., Samsung Main Building 250, Taepyung Ro.
2GA, Chung-ku, Seoul, Korea
Samsung Electronics America Inc., 105 Chalenger Road, Ridgefield Park,
New Jersey 07660
(C) Kent R. Stevens, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW., Room 401-L,
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 210.13 of
the Commission's Rules of Practice and Procedure, 59 FR 39020, 39045
(Aug. 1, 1994). Pursuant to Secs. 201.16(d) and 210.13(a) of the
Commission's Rules, 19 CFR 201.16(d) and 59 FR 39020, 39045 (Aug. 1,
1994), such responses will be considered by the Commission if received
no 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: September 2, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-22180 Filed 9-7-94; 8:45 am]
BILLING CODE 7020-02-P