[Federal Register Volume 68, Number 127 (Wednesday, July 2, 2003)]
[Notices]
[Pages 39594-39595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16718]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-482]


Certain Compact Disc and DVD Holders; Notice of Commission 
Issuance of Limited Exclusion Order and Termination of Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order and terminated the 
above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Andrea 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. 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) at http://edis.usitc.gov. 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 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 Electron Co., Ltd of Taiwan (``Wah-De'')

[[Page 39595]]

and Dragon Star Magnetics, Inc., of Hong Kong (``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 disc and DVD holders by 
reason of infringement of U.S. Design Patent No. D441,212. On April 16, 
2003, the Commission determined not to review an initial determination 
(Order No. 13) finding the two remaining respondents in this 
investigation, Wah-De and Dragon Star, in default. All other 
respondents have been terminated from the investigation on the basis 
either of settlement agreements or the withdrawal of the allegations in 
the complaint as to them.
    On March 26, 2003, DuBois filed a declaration pursuant to section 
337(g)(1) and Commission rule 210.16(c)(1) seeking immediate entry of a 
limited exclusion order against Wah-De and Dragon Star. On April 22, 
2003, the Commission issued a Federal Register notice requesting 
briefing on the issues of default remedy, the public interest, and 
bonding. 68 FR 19848. On April 30, 2003 and May 6, 2003, DuBois and the 
Commission investigative attorney, respectively, filed submissions on 
the issues of remedy, the public interest, and bonding. No other person 
or government agency filed a submission.
    Section 337(g)(1) of the Tariff Act of 1930 provides that the 
Commission shall presume the facts alleged in a complaint to be true, 
and upon request, issue a limited exclusion order if: (1) A complaint 
is filed against a person under section 337, (2) the complaint and a 
notice of investigation are served on the person, (3) the person fails 
to respond to the complaint and notice or otherwise fails to appear to 
answer the complaint and notice, (4) the person fails to show good 
cause why it should not be found in default, and (5) the complainant 
seeks relief limited to that person. Such an exclusion from entry shall 
be issued unless, after considering the effect of such exclusion or 
order in light of the statutory public interest factors, the Commission 
finds that the exclusion order should not be issued.
    The Commission found that each of the statutory requirements for 
the issuance of a limited exclusion order was met with respect to 
defaulting respondents Wah-De and Dragon Star. The Commission further 
determined that the public interest factors enumerated in section 
337(g)(1) did not preclude the issuance of such relief. Finally, the 
Commission determined that bond under the limited exclusion order 
during the Presidential review period shall be in the amount of 100 
percent of entered value.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and Sec.  210.16 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.16.

    Issued: June 26, 2003.
    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-16718 Filed 7-1-03; 8:45 am]
BILLING CODE 7020-02-P