[Federal Register Volume 63, Number 172 (Friday, September 4, 1998)]
[Notices]
[Page 47319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23901]



[[Page 47319]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-413]


Certain Rare-Earth Magnets and Magnetic Materials and Articles 
Containing the Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

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

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 31, 1998, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Magnequench International, Inc. of Anderson, Indiana and Sumitomo 
Special Metals Co., Ltd. of Osaka, Japan. A letter supplementing the 
complaint was filed on August 24, 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 rare-earth magnets and magnetic materials 
and articles containing the same by reason of infringement of claims 1, 
4, 5, 8, 9, and 11 of U.S. Letters Patent 4,851,058, claims 1-6, 10, 
14-16, and 18-20 of U.S. Letters Patent 4,802,931, claims 13-18 of U.S. 
Letters Patent 4,496,395, claims 1-9, 12-20, 23-27, and 29-34 of U.S. 
Letters Patent 4,770,723, claims 1-6, 8-10, 13-19, 21-24, 27-35, and 
37-39 of U.S. Letters Patent 4,792,368, and claims 1-3, 5, 15, 18, 19, 
21, and 22 of U.S. Letters Patent 5,645,651. 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 the investigation, issue permanent exclusion 
orders and permanent cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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, SW, Room 112, Washington, 
DC 20436, telephone 202-205-2000. Hearing-impaired individuals are 
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: Jay H. Reiziss, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2579.

    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 210.10 (1998).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on August 31, 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 rare-earth 
magnets or magnetic materials or articles containing the same that 
infringe claims 1, 4, 5, 8, 9, or 11 of U.S. Letters Patent 4,851,058, 
claims 1-6, 10, 14-16, or 18-20 of U.S. Letters Patent 4,802,931, 
claims 13-18 of U.S. Letters Patent 4,496,395, claims 1-9, 12-20, 23-
27, or 29-34 of U.S. Letters Patent 4,770,723, claims 1-6, 8-10, 13-19, 
21-24, 27-35, or 37-39 of U.S. Letters Patent 4,792,368, or claims 1-3, 
5, 15, 18, 19, 21, or 22 of U.S. Letters Patent 5,645,651, 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--

Magnequench International, Inc., 6435 Scatterfield Road, Anderson, 
Indiana 46013
Sumitomo Special Metals Co., Ltd., 4-7-19, Kitahama Chuo-ku, Osaka 541, 
Japan

    (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:

Houghes International, Inc., 40 Hicks Lane, Great Neck, New York 11023
International Magnaproducts Inc., 3103 Cascade Drive, Valparaiso, 
Indiana 46383
Multi-Trend International Corp., a/k/a MTI-Modern Technology Inc., 
43288 Christy Street, Fremont, California 94538
American Union Group, Inc., 20807 Tall Forest Drive, Germantown, 
Maryland 20876
High End Metals Corp., No. 14 Industrial 4th Road, Hsinchu Industrial 
Park, Hsinchu Hsein, Taiwan
Harvard Industrial America, Inc., 470 Nibus Street, Brea, California 
92621
H.T.I.E., Inc., 782 Pearl Street, Sharon, Pennsylvania 16146
CYNNY Magnetics, 5 Highview Court, Montville, New Jersey 07045

    (c) Jay H. Reiziss, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW, Room 401-L, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern 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 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received no later than 20 days after 
the date of service by the Commission of the complaint and 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: August 31, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-23901 Filed 9-3-98; 8:45 am]
BILLING CODE 7020-02-P