[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Notices]
[Pages 34678-34679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16404]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-423]
Certain Conductive Coated Abrasives; 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 May 25, 1999, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Minnesota Mining Manufacturing Company of St. Paul Minnesota. A
supplement to the complaint was filed on June 16, 1999. 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 conductive coated
abrasives by reason of infringement of claims 1, 15, 17, and 36 of U.S.
Letters Patent 5,108,463, as amended by Reexamination Certificate B1
5,108,463. The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after a hearing, issue a permanent limited exclusion
order and permanent cease and desist orders.
[[Page 34679]]
ADDRESSES: The complaint, as supplemented, 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: Smith R. Brittingham IV, Esq., Office
of Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2576.
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 June 21, 1999, 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 conductive
coated abrasives by reason of infringement of claims 1,15, 17, or 36 of
U.S. Letters Patent 5,108,463, as amended by Reexamination Certificate
B1 5,108,463, and whether an industry in the United States exists 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 complainant is--Minnesota Mining and Manufacturing Company,
3M Center, P.O. Box 33427, St. Paul, Minnesota 55133.
(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:
KWH Mirka Ab Oy, Pensalant 210, Jepua FI-66850, FINLAND
Mirka Abrasives, Inc., 7950 Bavaria Road, Twinsburg, Ohio 44087, USA
(c) Smith R. Brittingham IV, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW,
Room 401-M, Washington, DC 20436, who 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 Sec. 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: June 22, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-16404 Filed 6-25-99; 8:45 am]
BILLING CODE 7020-02-M