[Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
[Notices]
[Pages 11221-11222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6516]



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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-374]


Certain Electrical Connectors and Products Containing Same; 
Notice of Commission Decision 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: 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 February 9, 1996, 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 electrical 
connectors.

FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of the 
General Counsel, U.S. International Trade

[[Page 11222]]
Commission, telephone 202-205-3116. 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 the matter can be 
obtained by contacting the Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 8, 1995, based on a complaint filed by AMP Inc. of Harrisburg, 
Pennsylvania and The Whitaker Corporation of Wilmington, Delaware 
(collectively ``complainants''). 60 FR 25247. The following firms were 
named as respondents: Berg Electronics, Inc; Hon Hai Precision Industry 
Co., Ltd. (Hon Hai); Foxconn International (Foxconn); and Tekcon 
Electronics Corp. On September 8, 1995, the presiding ALJ issued an 
initial determination ID (Order No. 24) finding adverse inferences 
against Hon Hai and an ID (Order No. 26) finding Foxconn in default. On 
February 9, 1996, the ALJ issued an ID (Order No. 38) making the 
additional adverse inference that Hon Hai violated section 337. No 
petitions for review of this ID were received. On February 9, 1996, the 
ALJ also issued a recommended determination on the issues of remedy and 
bonding.
    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 Foxconn and 
Hon Hai 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. Such submissions should address the February 9, 1996, 
recommended determination by the ALJ. 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 28, 1996. Reply submissions must be filed no later 
than the close of business on April 4, 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, 
210.49 and 210.50 of the Commission's Rules of Practice and Procedure 
(19 C.F.R. Secs. 210.42, 210.49 and 210.50).

    By order of the Commission.

    Issued: March 13, 1996.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-6516 Filed 3-18-96; 8:45 am]
BILLING CODE 7020-02-P