[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Notices]
[Pages 6863-6864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3954]



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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-372]


Certain Neodymium-Iron-Boron Magnets, Magnet Alloys, and Articles 
Containing Same; Notice of Commission Decisions to Extend Target Date 
for Completion of Investigation, Not To Review an Initial Determination 
Finding a Violation of Section 337, and of the Schedule for Filing 
Written Submissions on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Commission has determined not 
to review the initial determination (ID) issued on December 11, 1995, 
by the presiding administrative law judge (ALJ) in the above-captioned 
investigation. That ID found a violation of section 337 of the Tariff 
Act of 1930 in the importation and sale of certain neodymium-iron-boron 
magnets. Notice is also hereby given that the Commission has decided to 
extend the target date for completion of this investigation from March 
11, 1996, to March 29, 1996.

FOR FURTHER INFORMATION CONTACT: Lyle B. Vander Schaaf, Esq., Office of 
the General Counsel, U.S. International Trade Commission, telephone 
202-205-3107. 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 

[[Page 6864]]
information on the matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: On March 3, 1995, the Commission instituted 
an investigation of a complaint filed by Crucible Materials Corporation 
under section 337 of the Tariff Act of 1930. The complaint, as 
supplemented, alleged that respondents imported, sold for importation, 
or sold in the United States after importation certain neodymium-iron-
boron magnets, magnet alloys, and articles containing same that 
infringed claims 1-3 of U.S. Letters Patent 4,588,439 (the '439 
patent), owned by Crucible. The Commission's notice of investigation 
named eight respondents: San Huan New Materials Corporation of Bejing, 
China (now known as San Huan New Materials High Tech, Inc.); Ningbo 
Konit Industries, Inc. of Zhejiang Province, China; San Huan/Tridus 
International, Inc. of Paramount, CA; Novel Hightech, Ltd. of Hong 
Kong; Hennaco Industrial Enterprises, Inc. of Parsippany, NJ; Hennaco 
Excell, Inc. of Flushing, NY; Sino American Products, Ltd. of New York, 
NY; and InJohnson Precision Industrial Co., Ltd of Taipei, Taiwan.
    The ALJ issued his final ID on December 11, 1995. He found that (1) 
claims 1-3 of the '439 patent are valid and enforceable; (2) there is a 
domestic industry manufacturing and selling products covered by the 
patent claims in issue; (3) respondents Novel, Hennaco Industrial, 
Hennaco Excell, Sino American, and InJohnson infringe claims 1-3 of the 
'439 patent. Based upon these findings, the ALJ concluded that there 
was a violation of section 337.
    The Commission investigative attorney (IA) filed a petition for 
review of the ID on January 19, 1996, and complainant Crucible filed a 
response thereto on January 26, 1996. No government comments on the ID 
were received by the Commission.
    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, In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, 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 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 March 1, 1996. 
Reply submissions must be filed no later than the close of business on 
March 8, 1996. 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 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. Sec. 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. Sec. 1337), and Rules 210.42 
and 210.51 of the Commission's Rules of Practice and Procedure (19 
C.F.R. Secs. 210.42 and 210.51).

    Issued: February 14, 1996.

    By order of the Commission.
Donna R. Koehnke,
Secretary
[FR Doc. 96-3954 Filed 2-21-96; 8:45 am]
BILLING CODE 7020-02-P