[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Notices]
[Pages 25247-25248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11682]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-374]


Certain Electrical Connectors and Products Containing Same; 
Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337 and 
provisional acceptance of motion for temporary relief.

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SUMMARY: Notice is hereby given that a complaint and a motion for 
temporary relief were filed with the U.S. International Trade 
Commission on April 3, 1995, under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, on behalf of AMP Incorporated, 470 
Friendship Road, Harrisburg, PA 17105 and The Whitaker Corporation, 
4550 New Linden Hill Road, Suite 450, Wilmington, DE 19808. The 
complaint and motion were supplemented on April 27, 1995. The complaint 
as supplemented alleges violations 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 electrical connectors 
and products containing same by reason of alleged infringement of 
claims 17, 18, 20, 21 and 23 of U.S. Letters Patent 5,383,792. The 
complaint further alleges that there exists an industry in the United 
States as required by subsection (a)(2) of section 337. The 
complainants request that the Commission institute an investigation 
and, after a full investigation, issue a permanent exclusion order and 
permanent cease and desist orders.
    The motion for temporary relief requests that the Commission issue 
a temporary general exclusion order and temporary cease and desist 
orders prohibiting the importation into and the sale within the United 
States after importation of electrical connectors and products 
containing same that infringe claims 17, 18, 20, 21 and 23 of U.S. 
Letters Patent 5,383,792 during the course of the Commission's 
investigation.

ADDRESSES: The complaint and motion for temporary relief, except for 
any confidential information contained therein, are 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., 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: Kent Stevens, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2579.

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 [[Page 25248]] Commission's Final Rules of 
Practice and Procedure. (59 FR 39020, 39043 (August 1, 1994.) The 
authority for provisional acceptance of the motion for temporary relief 
is contained in section 210.58. (59 FR at 39062.)

SCOPE OF INVESTIGATION: Having considered the complaint and the motion 
for temporary relief, the U.S. International Trade Commission, on May 
5, 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 electrical 
connectors and products containing same by reason of alleged 
infringement of claims 17, 18, 20, 21 or 23 of U.S. Letters Patent 
5,383,792, and whether there exists an industry in the United States as 
required by subsection (a)(2) of section 337.
    (2) Pursuant to section 210.58 of the Commission's Final Rules of 
Practice and Procedure (59 FR 39020, 39062 (August 1, 1994)), the 
motion for temporary relief under subsection (e) of section 337 of the 
Tariff Act of 1930, which was filed with the complaint, be 
provisionally accepted and referred to an Administrative Law Judge.
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are--

AMP Incorporated, 470 Friendship Road, Harrisburg, PA 17105
The Whitaker Corporation, 4550 New Linden Hill Road, Suite 450, 
Wilmington, DE 19808.

    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
and motion for temporary relief are to be served:

Berg Electronics, Inc., 825 Old Trail Road, Etters, PA 17319
Hon Hai Precision Industry Co., Ltd., 66 Chung Shan Road, Tucheng, 
Taiwan
Foxconn International Inc., 930 W. Maude Avenue, Sunnyvale, CA 94086
Tekcon Electronics Corp., 2F, 164, Fu Hsin S. Rd., Sec. 2, Taipei City, 
Taipei 0106, Taiwan

    (c) Kent Stevens, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401L, 
Washington, D.C. 20436, shall be the Commission investigative attorney, 
party to this investigation; and
    (4) For the investigation and temporary relief proceedings 
instituted, Janet D. Saxon, Chief Administrative Law Judge, U.S. 
International Trade Commission, shall designate the presiding 
Administrative Law Judge.
    (5) The request filed by Respondent Berg Electronics, Inc. on April 
21, 1995, to designate the temporary relief proceedings ``more 
complicated'' is denied without prejudice to the renewal of that 
request before the presiding Administrative Law Judge.
    Responses to the complaint, the motion for temporary relief, and 
the notice of investigation must be submitted by the named respondents 
in accordance with sections 210.13 and 210.59 of the Commission's Final 
Rules of Practice and Procedure. (59 FR at 39045-46, 39062). Pursuant 
to 19 CFR sections 201.16(d), 210.13(a) and 210.59 of the Commission's 
Final Rules of Practice and Procedure (59 FR at 39045, 39062-63), such 
responses will be considered by the Commission if received not later 
than 10 days after the date of service by the Commission of the 
complaint, the motion for temporary relief, and the notice of 
investigation. 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, in the motion for temporary relief, and in 
this notice may be deemed to constitute a waiver of the right to appear 
and contest the allegations of the complaint, the motion for temporary 
relief, 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, motion for temporary 
relief, 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: May 8, 1995.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-11682 Filed 5-10-95; 8:45 am]
BILLING CODE 7020-02-P