[Federal Register Volume 67, Number 51 (Friday, March 15, 2002)]
[Notices]
[Pages 11708-11709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6316]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-446]


Certain Ink Jet Print Cartridges and Components Thereof; Notice 
of Commission Decision to Review-in-Part an Initial Determination That 
Finds a Violation of Section 337 of the Tariff Act of 1930

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part a final initial 
determination (ID) of the presiding administrative law judge (ALJ) that 
finds a violation of section 337 of the Tariff Act of 1930, as amended, 
in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Peter L. Sultan, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3094. Hearing-impaired 
persons are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on 202-205-1810. General 
information concerning the Commission may also be obtained by accessing 
its Internet server (http://www.ustic.gov).
    Copies of the public version of the ALJ's ID and all other 
nonconfidential documents filed in connection with this investigation 
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.

SUPPLEMENTARY INFORMATION: On January 19, 2001, the Commission 
instituted this investigation based on a complaint filed by Hewlett-
Packard Company (``HP''), alleging a violation of section 337 of the 
Tariff Act of 1930 in the importation and sale of certain inkjet print 
cartridges and components thereof by reason of infringement of U.S. 
Letters Patent 4,827,294; 4,635,073; 4,680,859; 4,872,027; 4,992,802; 
and 5,409,134; 66 FR 7783 (January 25, 2001). The following five firms 
were

[[Page 11709]]

named as respondents: Microjet Technology Co., Ltd. of Taipei, Taiwan; 
Printer Essentials of Reno, Nevada; Price-Less Inkjet Cartridge Company 
of Port Charlotte, Florida; Cartridge Hut and Paperwork Plus of Sun 
City, California; and ABCCo.net, Inc. of Port Charlotte, Florida.
    Based on joint stipulations and proposed consent orders, the ALJ 
issued IDs terminating the investigation as to Printer Essentials 
(Order No. 7, dated May 11, 2001) and as to Cartridge Hut (Order No. 
15, dated October 12, 2001). These IDs became Commission final 
determinations, pursuant to 19 CFR 210.42(h)(3).
    On August 21, 2001, the ALJ issued an ID (Order No. 12) granting 
HP's motion for summary determination on the economic prong of the 
domestic industry requirement for all patents at issue. This ID became 
a Commission final determination, pursuant to 19 CFR 210.42(h)(3).
    On October 24, 2001, HP filed a motion to terminate the 
investigation as to its infringement allegations based on claim 5 of 
U.S. Letters Patent 4,635,073, claim 2 of U.S. Letters Patent 4,827,294 
and claims 12-14 of U.S. Letters Patent 5,409,134. On November 15, 
2001, the ALJ issued an ID (Order No. 17) terminating the investigation 
as to the patent claims that were the subject of HP's motion. These IDs 
were not reviewed by the Commission, and thus became the determinations 
of the Commission, pursuant to 19 CFR 210.42(h)(3).
    The ALJ issued his final ID, along with a recommended determination 
on remedy and bonding, on January 25, 2002, concluding that there was a 
violation of section 337, based on his findings that (a) the accused 
devices infringe claims of five of the six patents at issue, U.S. 
Letters Patent 4,827,294, 4,680,859, 4,872,027, 4,992,802 and 
5,409,134; and (b) that a domestic industry exists with respect to each 
of these patents. The ALJ found no infringement of U.S. Letter Patent 
4,635,073, and he found that HP had not satisfied the technical prong 
of the domestic industry requirement with respect to this patent.
    On February 14, 2002, complainant HP and the Commission 
investigative attorney (``IA'') petitioned for review of parts of the 
ID concerning the '073 patent. No responses to these petitions for 
review were filed.
    Having examined the record in this investigation, including the ID, 
and the petitions for review, the Commission has determined to review:
    (1) The ID's construction of the asserted claim of the '073 patent;
    (2) The ID's finding of no infringement with respect to the '073 
patent; and
    (3) The ID's findings with respect to the technical prong of the 
domestic industry requirement with respect to the '073 patent.
    The Commission has determined not to review the remainder of the 
ID. The Commission does not request further briefing on the issues that 
it has determined to review.
    In connection with the final disposition of this investigation, the 
Commission may issue (1) an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
cease and desist orders that could result in respondents being required 
to cease and desist from engaging in unfair acts in the importation and 
sale of such articles. Accordingly, the Commission is interested in 
receiving written submissions that address the form of remedy, if any, 
that should be ordered. If a party seeks exclusion of an article from 
entry into the United States for purposes other than entry for 
consumption, the party should so indicate and provide information 
establishing that activities involving other types of entry that either 
are adversely affecting it or are likely to do so. For background 
information, see the Commission Opinion, In the Matter of Certain 
Devices for Connecting Computers via Telephone Lines, Inv. No. 337-TA-
360.
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under a bond, in an amount to be determined by the Commission 
and prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed.
    Written Submissions: The parties to this investigation, interested 
government agencies, and any other interested persons are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should address the ALJ's recommended 
determination on remedy and bonding. Complainant and the Commission 
investigative attorney are also requested to submit proposed remedial 
orders for the Commission's consideration. The written submissions and 
proposed remedial orders must be filed no later than 14 days from the 
date of issuance of this notice. Response submissions must be filed no 
later than seven days after the deadline for filing the main 
submissions. No further submissions will be permitted unless otherwise 
ordered by the Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original and 14 true copies thereof on or before the 
deadlines stated above. Any person desiring to submit a document (or 
portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
is granted by the Commission will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Secs. 210.42-45 
of the Commission's rules of practice and procedure (19 CFR 210.42-45).

    Issued: March 12, 2002.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-6316 Filed 3-14-02; 8:45 am]
BILLING CODE 7020-02-M