[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
[Notices]
[Pages 31164-31165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14420]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-365]
Certain Audible Alarm Systems for Divers; Notice of Issuance of
Limited Exclusion Order and Cease and Desist Order
AGENCY: U.S. 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: Anjali K. Singh, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
S.W., Washington, D.C. 20436, telephone 202-205-3117.
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 section 210.58 of the Commission's
Interim Rules of Practice and Procedure (19 CFR 210.58).
The Commission instituted this investigation on May 31, 1994, based
upon a complaint filed on April 28, 1994, by David A. Hancock and
Ideations Design Inc. (``complainants'') alleging that IHK
International Group of Torrance, California (``IHK'') and Duton
Industry Co., Ltd. of Taipei, Taiwan (``Duton'') (collectively referred
to as ``respondents'') had violated section 337 in the sale for
importation, the importation, and the sale after importation of certain
audible alarm devices for divers, by reason of infringement of claim 6
of U.S. Letters Patent 4,950,107 ('107 patent) and claim 1 of U.S.
Letters Patent 5,106,236 ('236 patent) owned by Mr. Hancock. 59 FR
29615 (June 8, 1994).
On October 25, 1994, the presiding administrative law judge (ALJ)
issued an [[Page 31165]] initial determination (ID) (Order No. 23)
finding that respondent Duton was in default. The ALJ also issued
evidentiary sanctions in the form of adverse findings against Duton. On
November 21, 1994, the Commission determined not to review the ID. 59
FR 61342 (November 30, 1994).
On February 2, 1995, the ALJ issued her final ID finding 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 those two patent claims; (3) respondent IHK has
imported products that infringe claim 6 of the '107 patent and claim 1
of the '236 patent; and (4) respondent Duton has exported to the United
States products that infringe claim 6 of the '107 patent and claim 1 of
the '236 patent. No petitions for review or agency comments were filed.
On March 13, 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 14960 (March 21, 1995).
Submissions on remedy, the public interest, and bonding were
received from complainants and the Commission investigative attorney
(IA), both of whom also filed reply submissions on those 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 entry for
consumption of infringing audible alarm devices manufactured and/or
imported by or on behalf of IHK and Duton. In addition, the Commission
issued a cease and desist order directed to IHK requiring IHK 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 audible alarm devices.
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 order and the cease and desist orders, and
that the bond during the Presidential review period shall be in the
amount of 152 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, S.W.,
Washington, D.C. 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: June 6, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-14420 Filed 6-12-95; 8:45 am]
BILLING CODE 7020-02-P