[Federal Register Volume 67, Number 139 (Friday, July 19, 2002)]
[Notices]
[Pages 47568-47569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18198]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-462]


In the Matter of Certain Plastic Molding Machines with Control 
Systems Having Programmable Operator Interfaces Incorporating General 
Purpose Computers, and Components Thereof, II; Notice of Commission 
Decision To Review and Reverse an Initial Determination Terminating the 
Investigation; Decision To Review ALJ Order No. 29; Schedule for 
Written Submissions

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 and reverse the presiding 
administrative law judge's (``ALJ's'') initial determination 
(``ID'')(Order No. 30) terminating the above-captioned investigation. 
The Commission has also determined to review ALJ Order No. 29 on its 
own motion, and to hold in abeyance the petitions for review of Order 
No. 29 that were filed in this investigation.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3104. Copies 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

[[Page 47569]]

Commission, 500 E Street, SW., Washington, DC 20436, telephone 202-205-
2000. General information concerning the Commission may also 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. Hearing-impaired persons are advised that information on this 
matter can be obtained by contacting the Commission's TDD terminal on 
202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted the above-
referenced investigation on August 23, 2001, based on a complaint filed 
by Milacron, Inc. (Milacron) of Cincinnati, OH, against eleven 
respondents. 66 FR 44374 (2001). The complaint, as supplemented, 
alleged violations of section 337 of the Tariff Act of 1930, as amended 
(19 U.S.C. 1337) in the importation into the United States, sale for 
importation, and 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. Patent No. 5,062,052. All named respondents have 
been terminated from the investigation on the basis of settlement 
agreements.
    On April 18, 2002, Milacron filed a motion to amend the procedural 
schedule so that it would have an opportunity to file a motion for 
summary determination of violation of section 337 and to request a 
general exclusion order. On April 19, 2002, the Commission 
investigative attorney (IA) filed a response in support of Milacron's 
motion to amend the procedural schedule. On April 24, 2002, the ALJ 
issued Order No. 27, granting Milacron's request to amend the 
procedural schedule in the investigation to allow Milacron the 
opportunity to file a motion for summary determination of violation and 
to seek a general exclusion order under Commission Rule 210.16(c)(2). 
On May 17, 2002, complainant filed its motion for summary determination 
and request for a recommendation supporting a general exclusion order. 
The IA supported the motion and request.
    On June 11, 2002, the ALJ issued Order No. 29 which held that 
Milacron could not seek summary determination of violation and was not 
entitled to a recommended determination supporting a general exclusion 
order because of practical and Constitutional concerns in making an 
unopposed determination of violation of section 337. On June 18, 2002, 
the ALJ issued a one-paragraph ID (Order No. 30) terminating the 
investigation. On June 24 and June 25, 2002, respectively, Milacron and 
the IA petitioned for review of the ID and appealed Order No. 29.
    Having examined the ALJ Order Nos. 29 and 30, and the petitions for 
review, the Commission has determined to review and reverse ALJ Order 
No. 30, which terminated the investigation. The Commission has also 
determined to review, on its own motion, the determination contained in 
ALJ Order No. 29 that the Commission has the statutory authority to 
issue a general exclusion order in an investigation in which all 
respondents have settled with complainant. Finally, the Commission has 
decided to hold in abeyance the petitions for review that were filed by 
Milacron and the IA pending its decision on the issue that it has 
determined to review.

Written Submissions

    In order to complete its review, the Commission requests briefing 
from the parties on the issue under review. Briefs should address the 
statutory language of section 337(g)(2), 19 U.S.C. 1337(g)(2), and the 
legislative history of the provision. Briefs should also include a 
discussion of Commission rules 210.16(c)(1) and (2), 19 CFR 
210.16(c)(1) and (2), as well as a discussion of the Commission's 
commentaries issued in connection with the promulgation of these rules. 
The commentaries are found in 53 FR 330432 et seq. (August 29, 1988); 
57 FR 52830 et seq. (November 5, 1992); 59 FR 39020 et seq. (August 1, 
1994). In addition, the briefs should address whether the Commission 
has the authority to issue a general exclusion order under section 
337(d)(2), 19 U.S.C. 1337(d)(2), in an investigation in which all named 
respondents have settled with complainant. In this regard, the parties 
should address in particular the basis upon which a finding of 
violation of section 337 could be made in accordance with the 
Administrative Procedures Act in an investigation in which all 
respondents have settled and what showing the complainant needs to make 
in order to establish a finding of violation. Finally, the parties 
should address any policy implications that might be raised by a 
finding of violation of section 337 based on record evidence that 
relates solely to respondents that have settled with complainant and as 
to which the investigation has been terminated. Main briefs are due on 
August 1, 2002. Reply briefs, if any, are due on August 10, 2002.
    Written submissions (the original document and 14 true copies 
thereof) must be filed with the Office of the Secretary 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 section 201.6 of the Commission's Rules of Practice and 
Procedure, 19 CFR 201.6. Documents for which confidential treatment by 
the Commission is sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.24, 210.43(d), 210.44, and 210.45 of the Commission's 
Rules of Practice and Procedure (19 CFR 210.24, 210.43(d), 210.44, and 
210.45).

    Issued: July 15, 2002.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-18198 Filed 7-18-02; 8:45 am]
BILLING CODE 7020-02-P