[Federal Register Volume 61, Number 91 (Thursday, May 9, 1996)]
[Notices]
[Pages 21208-21209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11518]



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


Certain Electrical Connectors and Products Containing Same; 
Notice of Issuance of Limited Exclusion Order and Cease and Desist 
Order and Termination of Investigation

AGENCY: 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 to domestic respondent Foxconn International, Inc. (``Foxconn'') 
in the above-captioned investigation and terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone 202-205-3116.

SUPPLEMENTARY INFORMATION: This investigation was initiated by the 
Commission on May 5, 1995, based on a complaint, as supplemented, and a 
motion for temporary relief filed by AMP Incorporated and The Whitaker 
Corporation (collectively ``complainants''). The following firms were 
named as respondents: Berg Electronics, Inc (``Berg''); Hon Hai 
Precision Industry Co., Ltd. (``Hon Hai''); Foxconn International 
(``Foxconn''); and Tekcon Electronics Corp (``Tekcon''). The complaint 
alleged that respondents have violated 19 U.S.C. Sec. 1337 of the 
Tariff Act of 1930 (``section 337'') by importing and selling certain 
electrical connectors that infringe claims 17, 18, 20, 21, and 23 of 
complainants' U.S. Letters Patent 5,383,792 (the ```792 patent'').
    On February 9, 1996 the presiding administrative law judge (ALJ) 
issued his initial determination (ID) terminating the investigation 
under Commission rule 210.17 as to the sole remaining respondent, Hon 
Hai Precision, Ltd. (``Hon Hai''), based on a violation of section 337 
(in light of Hon Hai's failure to respond to a motion for summary 
determination). Specifically, the ALJ made the adverse determination 
that Hon Hai is in violation of section 337, finding that (1) Hon Hai 
manufactures electrical connectors which infringe claims 17, 18, 20, 
21, and 23 of the patent in issue; (2) Hon Hai imports into the United 
States, sells for importation, or sells within the United States after 
importation such connectors; and (3) a domestic industry exists with 
respect to the articles protected by the patent in issue. In that ID, 
the ALJ also found that, pursuant to Commission rule 210.16(c), since 
Foxconn was found to be in default, Foxconn is presumed to violate 
section 337 by importing into the United States, selling for 
importation, or selling within the United States after importation 
certain electrical connectors that infringe claims 17, 18, 20, 21 or 23 
of the patent in issue. On February 9, 1996, the ALJ also issued a 
recommended determination addressing the appropriate form of remedy and 
the appropriate bond.
    On March 13, 1996, the Commission issued notice of its 
determination not to review the ALJ's final ID, thereby finding a 
violation of section 337, and requested written submissions on the 
issues of remedy, the public interest, and bonding. 61 Fed. Reg. 11221 
(March 19, 1996). Submissions were received from complainants and the 
Commission investigative attorney. Respondents Hon Hai and Foxconn did 
not file submissions.
    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 importation of 
infringing electrical connectors and motherboards containing such 
electrical connectors manufactured and/or imported by Hon Hai or 
Foxconn. In addition, the Commission issued a cease and desist order 
directed to domestic respondent Foxconn 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 electrical connectors and motherboards containing 
such electrical connectors.
    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 cease and desist order, and that the 
bond during the Presidential review period shall be in the amount of 
twenty (20) percent of the entered value of the imported electrical 
connectors and $0.20 per imported electrical connector on motherboards 
containing such connectors. Finally, because the Commission has 
terminated this investigation, the Commission determined to deny as 
moot counsel for complainants' motion for withdrawal of appearance in 
this investigation.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and section 210.50 of 
the Commission's Rules of Practice and Procedure (19 CFR 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.


[[Page 21209]]


    By order of the Commission.

    Issued: May 3, 1996.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-11518 Filed 5-8-96; 8:45 am]
BILLING CODE 7020-02-P