[Federal Register Volume 60, Number 46 (Thursday, March 9, 1995)]
[Notices]
[Pages 12971-12972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5811]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-372]


Certain Neodymium-Iron-Boron Magnets, Magnet Alloys, and Articles 
Containing the Same; Notice of Investigation

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 February 1, 1995, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on 
behalf of Crucible Materials Corporation, State Fair Boulevard, P.O. 
Box 977, Syracuse, New York 13201-0977. A supplement to the complaint 
was filed on February 23, 1995. The complaint alleges 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 neodymium-iron-boron magnets, magnet alloys, and articles 
containing the same, by reason of direct and induced infringement of 
claims 1-3 of U.S. Letters Patent 4,588,439. The complaint further 
alleges 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 [[Page 12972]] and, after the investigation, 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, 
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: 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 210.10 of the Commission's Final Rules of Practice and 
Procedure, 59 FR 39020, 39043 (August 1, 1994).

SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. 
International Trade Commission, on March 3, 1995, 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 subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain neodymium-
iron-boron magnets, magnet alloys, or articles containing the same, by 
reason of infringement of claims 1, 2, or 3 of U.S. Letters Patent 
4,588,439, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337.
    (2) For purposes 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--Crucible Materials Corporation State Fair 
Boulevard P.O. Box 977 Syracuse, New York 13201-0977
    (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:

San Huan New Material Research and Development, Inc., No. 8 South 3rd 
Street, Zhong Guam Gun Road, P.O. Box 603, Beijing 10080, People's 
Republic of China
Ningbo Konit Industries, Inc., Ningbo Economic and Technical 
Development Zone, Zhejiang Province, People's Republic of China,
San Huan/Tridus International, Inc., 8527 Alondra Boulevard, Suite 205, 
Paramount, California 90723
Novel Hightech, Limited, Room 404, 3rd Floor, 18 Cheung Lee Street, 
Chai Wan, Hong Kong
Hennaco Industrial Enterprises, Inc., 39 Alba Place, Parsippany, New 
Jersey 07054
Hennaco Excell, Inc., 39-01 Main Street, Suite 210, Flushing, New York 
113354
Sino American Products, Ltd., 358 Fifth Avenue, New York, New York 
10001
Injohnson Precision Industrial Co., Ltd., 3rd Floor, No. 166, Fu-Ho 
Road, Yung-Ho, Taipei, Taiwan.

    (c) Smith R. Brittingham IV, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, 
S.W., Room 401-M, Washington, D.C. 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 Final Rules of Practice and Procedure, 59 FR 39020, 
39045 (August 1, 1994). Pursuant to 19 C.F.R. Sec. 201.16(d) and 
section 210.13(a) of the Commission's Final Rules, 59 FR at 39045, 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 respondent, 
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 3, 1995.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-5811 Filed 3-8-95; 8:45 am]
BILLING CODE 7020-02-P