[Federal Register Volume 60, Number 103 (Tuesday, May 30, 1995)]
[Notices]
[Page 28167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13147]



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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-366]


Notice of Commission Determinations to Review Certain Portions of 
the Presiding Administrative Law Judge's Final Initial Determination 
and To Remand the Initial Determination to the ALJ for Clarification 
and Additional Findings; Denial of Request for Oral Argument

    In the Matter of: Certain microsphere adhesives, process for 
making same, and products containing same, including self-stick 
repositionable notes.

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Commission has determined to 
review certain portions of the final initial determination (ID) issued 
by the presiding administrative law judge (ALJ) on March 23, 1995, in 
the above-captioned investigation. The Commission has also determined 
to remand the ID to the ALJ for additional findings and for 
clarification of certain findings made in the ID concerning the issues 
under review. The Commission also determined to deny complainant's 
request for oral argument.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, SW, 
Washington, DC 20436, telephone 202-205-3104.

SUPPLEMENTARY INFORMATION: This investigation was instituted by the 
Commission on June 8, 1994, based on a complaint filed by Minnesota 
Mining and Manufacturing Co. (3M). On March 23, 1995, the ALJ issued 
her final ID in this investigation. The ALJ determined that a violation 
of section 337 of the Tariff Act of 1930, as amended, has occurred by 
reason of infringement of certain claims of U.S. Letters Patent 
4,166,152 (the '152 patent) in the importation or sale of certain 
products containing microsphere adhesives by Kudos Finder Tape 
Industrial Ltd. and Kudos Finder Trading Co. (collectively, Kudos). The 
finding of violation as to Kudos was based on adverse inferences drawn 
from Kudos' failure to cooperate in discovery. The ID found no 
violation as to respondents Taiwan Hopax Chemicals Manufacturing, Co., 
Ltd.; Yuen Foong Paper Co., Ltd.; Beautone Specialties Co., Ltd.; and 
Beautone Specialties Co. (collectively, Beautone).
    On April 17, 1995, 3M, Beautone, and the Commission investigative 
attorney filed petitions for review of the ID. On April 27, 1995, the 
parties filed responses to each other's petitions. Under Commission 
interim rule 210.53(h), the ID would have become the determination of 
the Commission on May 8, 1995, unless review were ordered or the review 
deadline were extended. However, the Commission had previously extended 
the review deadline until May 23, 1995. 60 FR 17806 (April 7, 1995). 
The statutory deadline for completing this investigation is December 8, 
1995.
    Having examined the record in this investigation, including the ID, 
the Commission determined to review the issues of (1) claim 
interpretation, (2) patent infringement by Beautone and Kudos, (3) 
patent validity under 35 U.S.C. 102(f), 102(g), and 112, and (4) 
domestic industry. The Commission has determined not to review the 
remainder of the ID. The Commission also determined to remand the ID to 
the presiding ALJ to make additional findings and to clarify certain 
other findings made in the ID, and has directed the ALJ to issue her ID 
on remand on or before August 8, 1995. The ID on remand will be 
processed in accordance with Commission interim rules 210.53 and 
210.54.
    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, 
210.56, and 210.58 of the Commission's Interim Rules of Practice and 
Procedure (19 C.F.R. 210.53, 210.56, and 210.58).
    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 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: May 23, 1995.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-13147 Filed 5-26-95; 8:45 am]
BILLING CODE 7020-02-P