[Federal Register Volume 68, Number 77 (Tuesday, April 22, 2003)]
[Notices]
[Pages 19848-19849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9849]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-482]


Certain Compact Disc and DVD Holders; Notice of Commission 
Decision Not To Review an Initial Determination Finding the Two 
Remaining Respondents in Default, and Request for Submissions on 
Remedy, the Public Interest, and Bonding

AGENCY: International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``the Commission'') has determined not to review the 
presiding administrative law judge's (``ALJ's'') initial determination 
(``ID'') finding respondents Wah-De Electron Co., Ltd (``Wah-De'') and 
Dragon Star Magnetics, Inc. (``Dragon Star'') in default. In connection 
with final disposition of the investigation, the Commission is 
requesting briefing on remedy, the public interest, and the appropriate 
bond during the period of Presidential review.

FOR FURTHER INFORMATION CONTACT: Andrea C. Casson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3105. 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 Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-2000. 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.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on October 22, 2002, based on a complaint filed by DuBois Limited of 
the United Kingdom (``DuBois'') against eight respondents, including 
Wah-De and Dragon Star. The complaint alleged violations of section 337 
of the Tariff Act of 1930 in the importation, sale for importation, or 
sale within the United States after importation of certain compact 
discs and DVD holders by reason of infringement of U.S. Design Patent 
No. D441,212. In previously-issued IDs (Orders Nos. 10 and 11), which 
the Commission determined not to review, the ALJ terminated the 
investigation as to the other six respondents in the investigation.
    Neither Wah-De nor Dragon Star filed responses to the complaint, 
the notice of investigation, the ALJ's discovery order or the discovery 
requests from DuBois and the Commission investigative attorney (IA). On 
February 12, 2003, DuBois moved pursuant to section 337(g) and 
Commission rule 210.16(b) for issuance of an order directing those 
respondents to show cause why they should not be found in default. 
DuBois' motion also requested that, upon their failure to show cause, 
an ID be issued finding Wah-De and Dragon Star in default, and that a 
limited exclusion order be entered immediately against those 
respondents. On March 7, 2003, the IA filed a response supporting the 
request for a show cause order, and the entry of default findings if 
Wah-De and Dragon Star failed to respond to an order to show cause. On 
March 7, 2003, the ALJ issued Order No. 12, which ordered Wah-De and 
Dragon Star to show cause by March 18, 2003, why they should not be 
found in default. Wah-De and Dragon Star did not respond to the order 
to show cause. On March 21, 2003, the ALJ issued the subject ID finding 
Wah-De and Dragon Star in default. No petitions for review of the ID 
were filed.
    Under Commission rule 210.16(b)(3), 19 CFR 210.16(b)(3), Wah-De and 
Dragon Star are deemed to have waived their right to appear, to be 
served with documents, and to contest the allegations at issue in this 
investigation. Section 337(g)(1), 19 U.S.C. 1337(g)(1) and Commission 
rule 210.16(c), 19 CFR 210.16(c), authorize the Commission to order 
limited relief against a respondent found in default unless, after 
consideration of public interest factors, it finds that such relief 
should not issue. In this investigation, Wah-De and Dragon Star have 
been found in default and DuBois has requested issuance of a limited 
exclusion order that would deny entry to certain compact disc and DVD 
holders imported by Wah-De and Dragon Star. If the Commission decides 
to issue a limited exclusion order against Wah-De and Dragon Star, it 
must consider what the amount of the bond should be during the 
Presidential review period.
    In connection with the final disposition of this investigation, the 
only potential remedy is the issuance of a limited exclusion order that 
could result in the exclusion from entry into the United States of 
certain compact disc and DVD holders imported by Wah-De and Dragon 
Star. Accordingly, the Commission is interested in receiving written 
submissions that address whether such an order should be issued against 
either or both respondents. If a party seeks exclusion of an article 
from entry into the United States for purposes other than entry for 
consumption, it should so indicate and provide information establishing 
that activities involving other types of entry either are adversely 
affecting it or likely to do so. For background, see Certain Devices 
for Connecting Computers via Telephone Lines, Inv. No. 337-TA-360, 
USITC Pub. No. 2843 (December 1994) (Commission Opinion).
    If the Commission contemplates a remedy, it must consider the 
effects of that remedy upon the public interest. The factors the 
Commission will consider include the effect that a remedial order 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 issues a limited exclusion order against Wah-De 
and/or Dragon Star, 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 bonds in an amount 
determined by the Commission and prescribed by the Secretary of the 
Treasury. The

[[Page 19849]]

Commission is therefore interested in receiving submissions concerning 
the amount of the bonds that should be imposed.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on remedy, the public interest, and bonding. 
Complainant and the Commission investigative attorney are also 
requested to submit a proposed limited exclusion order for the 
Commission's consideration. The written submissions and proposed 
limited exclusion order must be filed no later than close of business 
on May 6, 2003. Reply submissions, if any, must be filed no later than 
the close of business on May 13, 2003. No further submissions on these 
issues will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original document 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 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.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and sections 210.16 and 210.42 of 
the Commission's rules of practice and procedure, 19 CFR 210.16 and 
210.42.

    Issued: April 16, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-9849 Filed 4-21-03; 8:45 am]
BILLING CODE 7020-02-P