[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Notices]
[Pages 15157-15158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7047]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-364]


Certain Curable Fluoroelastomer Compositions and Precursors 
Thereof; Issuance of Limited Exclusion Order and Cease and Desist Order

AGENCY: International Trade Commission.

ACTION: Notice.

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

FOR FURTHER INFORMATION CONTACT: Mark D. Kelly, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3106.

SUPPLEMENTARY INFORMATION: The authority for the Commission's 
determinations is contained in section 337 of the Tariff Act of 1930, 
as amended (19 U.S.C. 1337), and in Sec. 210.58 of the Commission's 
Interim Rules of Practice and Procedure (19 CFR 210.58).
    The Commission instituted this investigation on March 16, 1994, 
based upon a complaint filed by Minnesota Mining and Manufacturing 
Company (``3M'') alleging that Ausimont, S.p.A., of Milan, Italy, and 
Ausimont U.S.A., Inc., of Morristown, NJ (collectively referred to as 
``respondents'' or ``Ausimont'') had violated section 337 in the sale 
for importation, the importation, and the sale within the United States 
after importation of certain curable fluoroelastomer compositions and 
precursors thereof, by reason of infringement of one or more claims of 
U.S. Letters Patent 4,287,320 (``the '320 patent'') assigned to 3M. 59 
FR 12344 (March 16, 1994).
    On December 15, 1994, the presiding administrative law judge (ALJ) 
issued his final initial determination (ID) finding that respondents 
had violated section 337, based on his findings that (1) the claims in 
issue of the '320 patent are not invalid; (2) the accused products 
imported by respondents infringe the claims in issue of the '320 patent 
under the doctrine of equivalents; and (3) a domestic industry exists. 
On February 2, 1995, the Commission determined not to review the ALJ's 
final ID and requested written submissions on the issues of remedy, the 
public interest, and bonding. 60 FR 7581 (February 8, 1995).
    Submissions on remedy, the public interest, and bonding were 
received from complainant 3M, respondents, and the Commission 
investigative attorney (IA). Complainant, respondents, and the IA also 
filed reply submissions on these issues.
    Having reviewed the record in this investigation, including the 
written submissions of the parties, 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 limited exclusion order prohibiting the unlicensed importation of 
infringing fluoroelastomer compositions or precursors thereof 
manufactured and/or imported by or on behalf of Ausimont, S.p.A. of 
Milan, Italy or Ausimont U.S.A, Inc., of Morristown, New Jersey. In 
addition, the Commission issued a cease and desist order directed to 
the domestic respondent, Ausimont U.S.A, ordering it to cease and 
desist from the following activities in the United States: importing, 
selling, marketing, distributing, offering for sale, or otherwise 
transferring (except for exportation) in the United States infringing 
imported curable fluoroelastomer compositions or precursors thereof. 
The orders apply to any of the affiliated companies, parents, 
subsidiaries, licensees, contractors, or other related business 
entities, or their successors or assigns, of the above-named companies.
    The Commission also determined that the public interest factors 
enumerated in 19 U.S.C. 1337 (d) and (f) do not preclude the issuance 
of the limited exclusion and cease and desist orders, and that the bond 
during the Presidential review period shall be in the amount of 48 
percent of the entered value of the articles in question.
    Copies of the Commission orders, 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 this matter can be obtained by 
contacting the Commission's TDD terminal on 202-205-1810.

    Issued: March 16, 1995.

    [[Page 15158]] By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-7047 Filed 3-21-95; 8:45 am]
BILLING CODE 7020-02-P