[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Notices]
[Pages 32771-32772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13687]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-493]


In the Matter of Certain Zero-Mercury-Added Alkaline Batteries, 
Parts Thereof, and Products Containing Same; 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 April 28, 2003, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Energizer Holdings, Inc. and Eveready Battery Company, Inc., both of 
St. Louis, Missouri. Letters supplementing the complaint were filed on 
May 1, 9, and 20, 2003. 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 zero-mercury-added alkaline batteries, parts 
thereof, and products containing same by reason of infringement of 
claims 1-12 of U.S. Patent No. 5,464,709. The complaint further alleges 
that an industry in the United States exists as required by subsection 
(a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a permanent general 
exclusion order and permanent cease and desist orders.

ADDRESSES: The complaint and supplements, except for any confidential 
information contained therein, are 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 TDD 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 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) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Benjamin D. M. Wood, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2582.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 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 May 27, 2003, ordered that--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 zero-mercury-added 
alkaline batteries, parts thereof, or products containing same by 
reason of infringement of one or more of claims 1-12 of U.S. Patent No. 
5,464,709, 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 complainants are--

Energizer Holdings, Inc., 533 Maryville University Drive, St. Louis, 
Missouri 63141, Eveready Battery Company, Inc., 533 Maryville 
University Drive, St. Louis, Missouri 63141

    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Atico International U.S.A., Inc., 501 South Andrews Avenue, P.O. Box 
14368, Fort Lauderdale, Florida 33302,
Sichuan Changhong Electric Company, Ltd., 35 East Mianxing Road, 
Hightech Park, Mianyang, Sichuan 621000, China
Changhong Battery Company, 35 East Mianxing Road, Hightech Park, 
Mianyang, Sichuan 621000, China
Chung Pak Battery Works, 7/f Chung Pak Comm Building, 2 Cho Uyen 
Street, Yau Tong, Kowloon, Hong Kong
Dorcy International, Inc., 2700 Port Road, Columbus, Ohio 43217-1136
FDK Corporation, Hamagomu Building, 5-36-11, Shinbashi, Minato-Ku, 
Tokyo 105-8677 Japan
FDK Energy Co., Ltd., 614 Washizu, Kosai-Shi, Shizuoka-ken 431-0431 
Japan
Fujian Nanping Nanfu Battery Co., Ltd., 109 Industry Road, Nanping, 
Fujian 353000, China
Golden Million Enterprises, Inc., 1201 Broadway, Suite 601, New York, 
New York 10001
Golden Power Industries, Ltd., Flat C, 20/F, Block 1, Tai Ping 
Industrial Centre 57 Ting Kok Road, Tai Po, N.T., Hong Kong
Gold Peak Industries, Ltd., 8/F, Gold Peak Building, 30 Kwai Wing Road, 
Kwai Chung N.T., Hong Kong
GP Industries Limited, 97 Pioneer Road, Singapore 639579
GP Batteries International, Ltd., 50 Gul Crescent, 629543, Singapore
Gold Peak Industries (North America), Inc., 11235 West Bernardo Court, 
San Diego, California 92127-1638
Guangdong Chaoan Zhenglong Enterprise Co., Ltd, Huaqiao Industrial 
Zone, Caitang Chaozhou City, Guangdong 515644, China
Guangzhou Tiger Head Battery, Group Co., Ltd., 568 Huangpu Street 
Middle Section, Guangzhou 510655, China,
Hi-Watt Battery Industry Company, Ltd., 21 Tung Yuen Street, Yau Tong 
Bay, Kowloon, Hong Kong
Maxell Corporation of America, 22-08 Route 208, Fair Lawn, New Jersey 
07410
Monster Cable Products, Inc., 455 Valley Drive, Brisbane, California 
94005
Ningbo Baowang Battery Co., Ltd., No. 66 Keji Road, Science 
Technological Industry Zone Ninghai, Ningbo 315600, China
PT International Chemical Industrial Co., Ltd., Jl. Daan Mogot Km. 9, 
Cengkareng, Jakarta 11470, Indonesia
The Mazel Company d/b/a The Powerhouse Group, 31000 Aurora Road, Solon, 
Ohio 44139
Universal Battery Corporation, 4300 Wiley Post Road, Addison, Texas 
75001, Winner International, L.L.C., 32 West State Street, Sharon, 
Pennsylvania 16146
Zhejiang 3-Turn Battery Co., Ltd., Huailu Industrial Park of Dongyang, 
Zhejiang 322104, China
Zhongyin Ningbo Battery Co., Ltd., No. 99, Dahetou St. Duantang, Ningbo 
Zhejiang, 315011, China

    (c) Benjamin D.M. Wood, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, 
S.W., Suite 401, Washington,

[[Page 32772]]

D.C. 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.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 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 responses 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 responses to the 
complaint will not be granted unless good cause therefor is shown.
    Failure of a 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 that 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 that respondent.

    Issued: May 27, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-13687 Filed 5-30-03; 8:45 am]
BILLING CODE 7020-02-P