[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Notices]
[Pages 50215-50216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24071]



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


Notice of Commission Decision Not To Review the Presiding 
Administrative Law Judges's Initial Determination on Remand; Denial of 
Motion for Oral Argument; and Schedule for the Filing of Written 
Submissions on Remedy, the Public Interest, and Bonding

AGENCY: International Trade Commission.

ACTION: Notice.

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    In the Matter of: Certain Microsphere Adhesives, Process for 
Making Same, and Products Containing Same, Including Self-Stick 
Repositionable Notes.

SUMMARY: Notice is hereby given that the Commission has determined not 
to review the initial determination (ID) on remand issued by the 
presiding administrative law judge (ALJ) on August 8, 1995, in the 
above-captioned investigation. 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, 
S.W., Washington, D.C. 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, then presiding 
ALJ (Chief Judge Janet Saxon) 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 (IA) filed petitions for review of the ID. On April 27, 1995, 
they 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, on March 31, 1995, the Commission 
extended the review deadline until May 23, 1995.
    On May 23, 1995, 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. Secs. 102(f), 102(g), and 
112, second paragraph, and (4) domestic industry. The Commission 
determined not to review the remainder of the ID. The Commission 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.
    Subsequent to remand of the ID, the investigation was reassigned to 
Judge Paul Luckern, who, on August 8, 1995, issued his ID on remand. 3M 
and Beautone filed petitions for review on August 18, 1995. 3M, 
Beautone, and the IA filed responses to the petitions. The Commission 
determined not to review the remand ID, thereby resolving the issues of 
claim interpretation and validity under 35 U.S.C. 112. Accordingly, the 
violation issues remaining on review are patent validity under 35 
U.S.C. 102(f), 102(g); patent infringement by Beautone and Kudos; and 
domestic industry.
    In connection with final disposition of this investigation, the 
Commission may issue (1) an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
cease and desist orders that could result in respondents being required 
to cease and desist from engaging in unfair acts in the importation and 
sale of such articles. Accordingly, the Commission is interested in 
receiving written submissions that address the form of remedy, if any, 
that should be ordered. If a party seeks exclusion of an article from 
entry into the United States for purposes other than entry for 
consumption, the party should so indicate and provide information 
establishing that activities involving other types of entry either are 
adversely affecting it or are likely to do so. For background, see the 
Commission Opinion, Certain Devices for Connecting Computers via 
Telephone Lines, Inc., Inv. No. 337-TA-360.
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under a bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed, if remedial orders are issued.

WRITTEN SUBMISSIONS: The Commission has received adequate briefing on 
the violation issues under review, and therefore will not accept 
submissions on those issues. The parties to the investigation, 
interested government agencies, and any other interested persons are 
encouraged to file written submissions on the issues of remedy, the 
public interest, and bonding. Complainant and the Commission 
investigative attorney are also requested to submit proposed remedial 
orders for the Commission's consideration. The written submissions and 
proposed remedial orders must be filed no later than the close of 
business on October 6, 1995. Reply submissions must be filed no later 
than the close of business on October 13, 1995. No further submissions 
will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 14 true copies thereof with the Office of the Secretary on or 
before the deadlines 

[[Page 50216]]
stated above. Any person desiring to submit a document (or portion 
thereof) to the Commission in confidence must request confidential 
treatment unless the information has already been granted such 
treatment during the proceedings. All such requests should be directed 
to the Secretary of the Commission and must include a full statement of 
the reasons why the Commission should grant such treatment. See 19 
C.F.R. 201.6. Documents for which confidential treatment is granted by 
the Commission will be treated accordingly. All nonconfidential written 
submissions will be available for public inspection at the Office of 
the Secretary.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and sections 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 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.

    By order of the Commission.

    Issued: September 22, 1995.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-24071 Filed 9-27-95; 8:45 am]
BILLING CODE 7020-02-P