[Federal Register Volume 66, Number 164 (Thursday, August 23, 2001)]
[Notices]
[Pages 44374-44375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21266]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-462]


Certain Plastic Molding Machines With Control Systems Having 
Programmable Operator Interfaces Incorporating General Purpose 
Computers, and Components Thereof II; 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 19, 2001, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Milacron Inc. of Cincinnati, Ohio. A corrected exhibit was filed on 
August 8, 2001. The complaint 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 plastic 
molding machines with control systems having programmable operator 
interfaces incorporating general purpose computers, and components 
thereof, by reason of infringement of claims 1-4 and 9-13 of U.S. 
Letters Patent 5,062,052, as amended by Reexamination Certificate B1 
5,062,052. 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 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, S.W., Room 112, 
Washington, D.C. 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 be 
obtained by accessing its internet server (http://www.usitc.gov). The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

FOR FURTHER INFORMATION CONTACT: T. Spence Chubb, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2575.

    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 (2000).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on August 16, 2001, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) 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 plastic molding machines with control systems having 
programmable operator interfaces incorporating general purpose 
computers, or components thereof, by reason of infringement of claim 1, 
2, 3, 4, 9, 10, 11, 12, or 13 of U.S. Letters Patent 5,062,052, as 
amended by Reexamination Certificate B1 5,062,052, 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 complainant is--Milacron Inc., 2090 Florence Avenue, 
Cincinnati, Ohio 45206.
    (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:

Dr. Boy GmbH, Neschner Strasse 6, D-53577 Neustadt/Fernthal, Germany
Boy Machines Inc., 199 Phillips Road, Exton, Pennsylvania 19341
Cannon S.p.A., Via C. Colombo 49, I-20090 Trezzano s/Naviglio (Milano), 
Italy

[[Page 44375]]

Automata S.p.A., Via G. Carducci, 705, I-21042 Caronno,Pertusella (Va), 
Italy
Sandretto Industrie, S.p.A., Via E. De Amicis, 44, I-10097 Collegno 
(To), Italy
Sandretto USA, Inc., Tri-County Commerce Park, 2507 Lovi Road, Freedom, 
Pennsylvania 15042-9395
Sidel SA, Avenue de la Patrouille de France, Octeville-sur-Mer, B.P. 
204, 76053 Le Havre Cedex, France
Sidel Inc., 5600 Sun Court, Norcross, Georgia 30092
Zoppas Industries S.p.A., Viale Venezia, 31, 31020 San Vendemiano (TV), 
Italy
SIPA Italia (Societa' Industrializzazione, Progettazione e 
Automazione), S.p.A., Via Caduti del Lavoro, 3, 31029 Vittorio Veneto 
(TV), Italy
SIPA North America, Inc., 3800 Camp Creek Parkway, Building 2400, Suite 
106, Atlanta, Georgia 30331

    (c) T. Spence Chubb, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401-F, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Delbert R. 
Terrill, Jr. 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) 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: August 17, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-21266 Filed 8-22-01; 8:45 am]
BILLING CODE 7020-02-P