[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