[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Notices]
[Pages 7581-7582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3142]



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


Certain Curable Fluoroelastomer Compositions and Precursors 
Thereof; Notice of Decision not to Review Initial Determination Finding 
a Violation of Section 337 and Schedule for the Filing of Written 
Submissions on Remedy, the Public Interest, and Bondings

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 determined not to review the initial determination (ID) 
issued on December 15, 1994, by the presiding administrative law judge 
(ALJ) in the above-captioned investigation finding a violation of 
section 337 in the importation into the United States and the sale 
within the United States after importation of certain curable 
fluoroelastomer compositions and precursors thereof.

FOR FURTHER INFORMATION CONTACT: Mark D. Kelly, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3106. Copies of the nonconfidential version 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 S.W., Washington, D.C. 
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.

SUPPLEMENTARY INFORMATION: On March 16, 1994, the Commission instituted 
an investigation of a complaint filed by Minnesota Mining and 
Manufacturing Company (``3M'') under section 337 of the Tariff Act of 
1930. The complaint alleged that Ausimont, S.p.A., of Milan, Italy, and 
Ausimont U.S.A., Inc., of Morristown, NJ, imported, sold for 
importation, or sold in the United States after importation certain 
curable fluoroelastomer compositions and precursors thereof that 
infringed certain claims of U.S. Letters Patent 4,287,320 (``the '320 
patent''). The Commission's notice of investigation named as 
respondents Ausimont Italy and Ausimont U.S.A., each of which was 
alleged to have committed one or more unfair acts in the importation or 
sale of curable fluoroelastomer compositions and precursors thereof 
that infringe claims of the asserted patent.
    The ALJ conducted an evidentiary hearing commencing on September 
23, 1994, and issued his final ID on December 15, 1994. He found that: 
(1) The '320 patent is not invalid; (2) respondents' imported products 
infringe the claims in issue of the '320 patent; and (3) complainant 3M 
satisfied the economic requirements for existence of a domestic 
industry. Based upon his findings of validity, infringement, and 
domestic industry, the ALJ concluded that there was a violation of 
section 337.
    Respondents filed a petition for review of the ALJ's findings on 
the questions of validity of the '320 patent and infringement. 
Complainant and the Commission investigative attorneys filed responses 
to the petition for review. No other petitions for review of the ID or 
government comments were received by the Commission.
    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 a party seeks exclusion of an article from 
entry into the United States for purposes other than entry for 
consumption, the party should so indicate and provide information 
establishing that activities involving other types of entry either are 
adversely affecting it or are likely to do so. For 
[[Page 7582]] background, see the Commission Opinion, In the Matter of 
Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 
337-TA-360.
    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 attorneys 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 13, 1995. 
Reply submissions must be filed no later than the close of business on 
February 21, 1995. No further submissions will be permitted unless 
otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 14 true copies thereof with the Office of the Secretary 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 C.F.R. 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 sections 210.53 
and 210.58 of the Commission's Interim Rules of Practice and Procedure 
(19 C.F.R. 210.53 and 210.58).

    Issued: February 2, 1995.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-3142 Filed 2-7-95; 8:45 am]
BILLING CODE 7020-02-P