[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Notices]
[Pages 3549-3550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1652]


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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 Reverse an ALJ Determination on Statutory Authority and To 
Vacate ALJ Order No. 29; Termination of the Investigation

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 reverse an ALJ determination that 
subsection 337(g)(2) of the Tariff Act of 1930, as amended, 19 U.S.C. 
1337(g)(2), contains the authority to issue a general exclusion order 
in an investigation in which all respondents appeared and have been 
terminated on the basis of settlement agreements. The Commission has 
also determined to vacate ALJ Order No. 29, denying a motion for 
summary determination of violation. Finally, the Commission has 
determined to terminate this investigation without reaching the issue 
of violation. The Commission will issue its Opinion shortly.

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 order 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. 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 11 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 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.
    On June 11, 2002, the ALJ issued Order No. 29 denying Milacron's 
motion for summary determination of violation. On June 18, 2002, the 
ALJ issued a one-

[[Page 3550]]

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.
    The Commission determined to review and reverse the ALJ's ID 
terminating the investigation. 67 FR 47569 (July 19, 2002). The 
Commission also determined to review the ALJ's determination in Order 
No. 29 that the Commission has the statutory authority under section 
337(g)(2) to issue a general exclusion order in an investigation in 
which all respondents have settled with complainant, and requested 
briefing on the issues under review. Id. Complainant and the IA filed 
briefs in response to the Commission's notice of review.
    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).

    By order of the Commission.

    Issued: January 21, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-1652 Filed 1-23-03; 8:45 am]
BILLING CODE 7020-02-P