[Federal Register Volume 67, Number 161 (Tuesday, August 20, 2002)]
[Notices]
[Page 53966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21160]



[[Page 53966]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-477]


Certain Ammonium Octamolybdate Isomers; Notice of Investigation

AGENCY: 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 18, 2002, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Climax Molybdenum Company of Phoenix, Arizona. A letter supplementing 
the complaint was filed on August 7, 2002. 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 ammonium octamolybdate 
isomers by reason of infringement of claim 1 of U.S. Letters Patent 
5,985,236. 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 a permanent exclusion 
order and a permanent cease and desist order.

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, 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 ADD 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 at 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: James B. Coughlan, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2221.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in Sec. 210.10 of the Commission's rules of practice and 
procedure, 19 CFR 210.10 (2002).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on August 14, 2002, 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 ammonium 
octamolybdate isomers by reason of infringement of claim 1 of U.S. 
Letters Patent 5,985,236, 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 Climax Molybdenum Company, One North Central 
Ave., Phoenix, Arizona 85004.
    (b) The respondent is the following company alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Molychem LLC, 2625 Sewell St., Rockford, Illinois 61109.
    (c) James B. Coughlan, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-L, Washington, DC 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as the presiding administrative law judge.
    A response to the complaint and the notice of investigation must be 
submitted by the named respondent 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 a response 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 the notice of 
investigation. Extensions of time for submitting a response to the 
complaint will not be granted unless good cause therefor is shown.
    Failure of the 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 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 the respondent.

    Issued: August 15, 2002.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-21160 Filed 8-19-02; 8:45 am]
BILLING CODE 7020-02-P