[Federal Register Volume 68, Number 165 (Tuesday, August 26, 2003)]
[Notices]
[Page 51303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21729]



[[Page 51303]]

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

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-493]


Certain Zero-Mercury-Added Alkaline Batteries, Parts Thereof, and 
Products Containing Same; Notice of a Commission Determination Not To 
Review an Initial Determination Amending the Complaint and Notice of 
Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') of the presiding administrative law judge (``ALJ'') granting 
the joint motion of complainants to amend the complaint and notice of 
investigation.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Esq., Office 
of the General Counsel, U.S. International Trade Commission, telephone 
(202) 205-3041. 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) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 27, 2003, based on a complaint filed by complainants Energizer 
Holdings, Inc. and Eveready Battery Co., Inc., both of St. Louis, MO, 
68 FR 32771 (2003). The complaint as amended 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 requested that the Commission issue a 
general exclusion order and cease and desist orders. The Commission 
named as respondents 26 companies located in the United States, China, 
Indonesia, and Japan. Id. The ALJ has set September 2, 2004, as the 
target date for completion of the investigation.
    The ALJ issued the subject ID on July 17, 2003. The ID grants the 
motion of complainants to terminate the investigation as to respondent 
Changhong Battery Co. on the basis of a consent motion and amend the 
complaint and notice of investigation to reflect this fact. The ALJ 
found that Changhong Battery Co. is a division of another respondent in 
the investigation, Sichuan Changhong Electric Co., Ltd., and therefore 
Changhong Battery Co. cannot be sued as a separate respondent. 
Accordingly, the ID amends the notice of investigation and complaint to 
reflect the fact that Changhong Battery Co. is not a separate 
respondent.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rule 
210.42, 19 CFR 210.42.

    By order of the Commission.

    Issued: August 19, 2003.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-21729 Filed 8-25-03; 8:45 am]
BILLING CODE 7020-02-P