[Federal Register Volume 60, Number 54 (Tuesday, March 21, 1995)]
[Notices]
[Pages 14960-14961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6865]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-365]


Decision Not To Review an Initial Determination Finding a 
Violation of Section 337 and Schedule for the Filing of Written 
Submissions on Remedy, the Public Interest, and Bonding

    In the Matter of: Certain Audible Alarm Devices for Divers.

AGENCY: 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 February 2, 1995, by the presiding administrative law judge 
(ALJ) in the above-captioned investigation finding a violation of 
section 337 in the importation and sale of certain audible alarm 
devices for divers.

FOR FURTHER INFORMATION CONTACT: Rhonda M. Hughes, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3083. 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 202-205-3000. 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 June 8, 1994, the Commission instituted 
an investigation of a complaint filed by David A. Hancock and Ideations 
Design Inc. under section 337 of the Tariff Act of 1930. The complaint 
alleged that Duton Industry Co., Ltd. (Duton) of Taipei, Taiwan and IHK 
International Corp. (IHK) of Torrance, California had imported, sold 
for importation, and sold within the United States after importation 
certain audible alarm devices for divers by reason of infringement of 
claim 6 of U.S. Letters Patent 4,950,107 (the '107 patent) and claim 1 
of U.S. Letters Patent 5,106,236 (the '236 patent). The Commission's 
notice of investigation named as respondents Duton and IHK, each of 
which was alleged to have committed one or more unfair acts in the 
importation or sale of audible alarm devices for divers that infringe 
the asserted patent claims.
    The ALJ conducted an evidentiary hearing commencing on October 11, 
1994, and issued her final ID on February 2, 1995. She found that: (1) 
claim 6 of the '107 patent and claim 1 of the '236 patent are valid and 
enforceable; (2) there is a domestic industry manufacturing and selling 
products protected by these two claims; (3) respondent IHK has imported 
products that infringe claim 6 of the '107 patent and claim 1 of the 
'236 patent, and respondent Duton has exported to the United States 
products that infringe claim 6 of the '107 patent and claim 1 of the 
'236 patent. Based upon her findings of validity, infringement, and 
domestic industry, the ALJ concluded that there was a violation of 
section 337.
    No petitions for review of the ID were filed and, consequently, no 
responses thereto were filed. No government comments on the ID 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 [[Page 14961]] 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 
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. 
Complainants and the Commission investigative attorney 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 April 3, 1995. 
Reply submissions must be filed no later than the close of business on 
April 10, 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. Sec. 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 Secs. 210.53 and 
210.58 of the Commission's interim rules of practice and procedure (19 
CFR 210.53 and 210.58).

    Issued: March 13, 1995.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-6865 Filed 3-20-95; 8:45 am]
BILLING CODE 7020-02-P