[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Notices]
[Pages 14808-14809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8151]



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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 Issuance of General Exclusion Order and 
Cease and Desist Order and Termination of Investigation

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 general exclusion order and a cease and desist 
order to domestic respondent Hennaco Excell, Inc. in the above-
captioned

[[Page 14809]]
investigation and terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Lyle B. Vander Schaaf, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone 202-205-3107.

SUPPLEMENTARY INFORMATION: This investigation was initiated by the 
Commission on March 3, 1995, based on a complaint filed by Crucible 
Materials Corp. On December 11, 1995, the presiding administrative law 
judge (ALJ) issued his final initial determination (ID) on the merits 
in the investigation. The ALJ found a violation of section 337 of the 
Tariff Act of 1930, as amended, based on his findings that (1) claims 
1-3 of the patent in controversy, U.S. Letters Patent 4,588,439 (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 Hightech, Ltd., Hennaco 
Industrial Enterprises, Inc., Hennaco Excell, Inc., Sino American 
Products, Ltd., and Injohnson Precision Industrial Co. infringe claims 
1-3 of the '439 patent. The ALJ specifically found that the Novel, 
Injohnson, Sino American, and Hennaco respondents literally infringe 
each of the claims in issue and found that the Hennaco respondents and 
respondent Injohnson infringe the claims in issue under the doctrine of 
equivalents.
    On February 14, 1996, the Commission issued notice of its 
determination not to review the final ID, and requested written 
submissions on the issues of remedy, the public interest, and bonding. 
61 FR 6863 (Feb. 22, 1996). Submissions were received from complainant 
Crucible, the Commission investigative attorney, and respondents San 
Huan New Materials, Ningbo Konit, and Tridus International. Complainant 
and the Commission investigative attorney 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 general exclusion order prohibiting the unlicensed importation of 
infringing neodymium-iron-boron magnets and magnet alloys. In addition, 
the Commission issued a cease and desist order directed to domestic 
respondent Hennaco Excell, Inc. requiring that firm 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 
neodymium-iron-boron magnets or magnet alloys.
    The Commission also determined that the public interest factors 
enumerated in 19 U.S.C. Sec. 1337(d) and (f) do not preclude the 
issuance of the general exclusion order and cease and desist order, and 
that the bond during the Presidential review period shall be in the 
amount of 100 percent of the entered value of the articles in question.
    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 section 
210.50 of the Commission's Rules of Practice and Procedure (19 CFR 
Sec. 210.50).
    Copies of the Commission's remedial 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: March 29, 1996.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-8151 Filed 4-2-96; 8:45 am]
BILLING CODE 7020-02-P