[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Notices]
[Pages 56515-56516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27400]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-372 (Enforcement Proceeding)]


Certain Neodymium-Iron-Boron Magnets, Magnet Alloys, and Articles 
Containing Same; Notice of Commission Decision Vacating an Order 
Imposing a Civil Penalty for Violation of a Consent Order and 
Dismissing Formal Enforcement Proceeding

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Commission has vacated its 
September 26, 1997, order imposing a civil penalty in the amount of 
$1,550,000 on San Huan New Materials High Tech, Inc.; Ningbo Konit 
Industries, Inc.; and Tridus International, Inc. for violation of the 
consent order issued on October 11, 1995, and that the Commission has 
dismissed the formal enforcement proceeding instituted on May 16, 1996.

FOR FURTHER INFORMATION CONTACT: Michael Diehl, Office of the General 
Counsel, U.S. International Trade Commission, telephone 202-205-3095.

SUPPLEMENTARY INFORMATION: On October 11, 1995, the Commission 
terminated this investigation as to respondents San Huan New Materials 
High Tech, Inc.; Ningbo Konit Industries, Inc.; and Tridus 
International, Inc. (``respondents'') on the basis of a consent order. 
The order provided that respondents shall not sell for importation into 
the United States, import into the United States, or sell in the United 
States after importation neodymium-iron-boron magnets that infringe any 
of claims 1-3 of U.S. Letters Patent 4,588,439, (the `` `439 patent''), 
except under consent or license from the complainant.
    On March 6, 1996, complainant alleged that respondents were in 
violation of the consent order. The matter was referred to the 
administrative law judge (``ALJ'') who presided over the original 
investigation, and on December 24, 1996, the ALJ issued a recommended 
determination (``RD'') that respondents had violated the consent order, 
and that a civil penalty of $1.625 million should be levied.
    On September 26, 1997, the Commission determined that respondents 
had violated the consent order and assessed a civil penalty of $1.55 
million.
    On June 8, 1999, complainant's successor in interest, YBM Magnex, 
Inc., and respondents executed an agreement providing a license for 
respondents to manufacture, import, and sell magnets covered by the 
'439 patent. On June 17, 1999, the parties filed a Joint Motion to 
Vacate the Commission's Civil Penalty Order. On June 29, 1999, the 
Commission's Office of Unfair Import Investigations (``OUII'') filed 
its response to the joint motion. On July 9, 1999, respondents filed 
their Motion for Leave to File a Reply to OUII's Response to Joint 
Motion to Vacate the Commission's Civil Penalty Order, and attached the 
reply to the motion.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) and section 210.76 of the 
Commission's Rules of Practice and Procedure (19 CFR 210.76).
    Copies of the Commission's order and all other nonconfidential 
documents filed in connection with this proceeding 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 SW., Washington, DC 20436, telephone 202-205-
2000. Hearing-impaired persons are advised that information on the 
matter can be obtained by contacting the Commission's TDD terminal at 
202-205-1810.

    Issued: October 13, 1999.


[[Page 56516]]


    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-27400 Filed 10-10-99; 8:45 am]
BILLING CODE 7020-02-P