[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Notices]
[Pages 30513-30514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14865]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-411]


Certain Organic Photoconductor Drums and Products Containing the 
Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 30, 1998, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on 
behalf of Mitsubishi Chemical Corporation, 5-2, Marunouchi, 2-chome, 
Chiyoda-ku, Tokyo 100 Japan, and Mitsubishi Chemical America, Inc., One 
North Lexington Avenue, White Plains, New York 10601. Supplements to 
the complaint were filed on May 18 and May 28, 1998, and a letter 
withdrawing the complaint as to two of the proposed respondents was 
filed on May 26, 1998. The complaint, as supplemented, alleges 
violations of section 337 in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain organic photoconductor drums and products 
containing the same that infringe claim 1 of U.S. Letters Patent 
4,680,246 and claims 1, 2, 3, 5, and 7 of U.S. Letters Patent 
4,396,696. The complaint further alleges that there exists an industry 
in the United States as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and permanent cease and desist orders.

ADDRESSES: The complaint and supplement, except for any confidential 
information contained therein, are 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., 
Room 112, Washington, D.C. 20436, telephone 202-205-2000. Hearing-
impaired individuals are

[[Page 30514]]

advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its internet server (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT: Jeffrey R. Whieldon, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2580.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR Sec. 210.10 (1997).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 29, 1998, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain organic 
photoconductor drums or products containing the same by reason of 
infringement of claim 1 of U.S. Letters Patent 4,680,246 or claims 1, 
2, 3, 5, or 7 of U.S. Letters Patent 4,396,696, and whether there 
exists an industry in the United States as required by subsection 
(a)(2) of section 337.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are--

Mitsubishi Chemical Corporation 5-2, Marunouchi, 2-chome, Chiyoda-ku, 
Tokyo 100 Japan
Mitsubishi Chemical America, Inc., One North Lexington Avenue, White 
Plains, New York 10601

    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

AEG Elektrofotografie GmbH, Emil-Siepmann-Strasse 40, D-59581 Warstein, 
Germany
AEG Photoconductor Corp., 27 Kiesland Court, Hamilton, Ohio 45015-1375
Dainippon Ink & Chemicals, Inc., DIC Building 3-7-20, Nihonbashi, Chuo-
ku, Tokyo 103, Japan
DIC Trading (USA), Inc., 222 Bridge Plaza South, Fort Lee, New Jersey 
07024
Fuji Electric Co., Ltd., Shinjuku Koyama Bldg., 30-3, Yoyogi 4-chome, 
Shibuya-ku, Tokyo 151, Japan
Fuji Denki, Hong Kong Fuji Denki Plant 8 Dai Fu Street Tai Po, 
Industrial Estate N.T. Hong Kong
U.S. Fuji Electric, Inc., 240 Circle Drive North, Piscataway, New 
Jersey 08854
Shindengen Electric Manufacturing Co., Ltd., Ikebukuro Bldg., 13-23, 1-
chome, Minami-Ikebukuro, Toshima-ku, Tokyo 171, Japan
Lumphun Shindengen Co., Ltd., Northern Region Industrial Estate, 105 
M00 4 Bangland, Muang, Lumphun 51000 Thailand
Shindengen America, Inc., 2649 Townsgate Road, Suite 200, Westlake 
Village, California 91361
Sinonar Corp., 8 Prosperity Road 1, Science-Based Industrial Park, 
Hsinchu, Taiwan
Yamanashi Electronics Co., Ltd., 1014, Miyaharacho, Kofu, YMA 400 Japan

    (c) Jeffrey R. Whieldon, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, 
S.W., Room 401-H, Washington, D.C. 20436, shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Sidney 
Harris is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 C.F.R. 
Sec. 210.13. Pursuant to 19 C.F.R. Secs. 201.16(d) and 210.13(a) of the 
Commission's Rules, such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
Commission of the complaint and the notice of investigation. Extensions 
of time for submitting responses to the complaint will not be granted 
unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    Issued: May 29, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-14865 Filed 6-3-98; 8:45 am]
BILLING CODE 7020-02-P