[Federal Register Volume 68, Number 182 (Friday, September 19, 2003)]
[Notices]
[Pages 54915-54916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23918]


=======================================================================
-----------------------------------------------------------------------

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 To Add a Respondent to the 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 motion of complainants to amend the complaint and notice of 
investigation to add Hitachi Maxell, Ltd. as a respondent.

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

[[Page 54916]]

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 of the Tariff Act of 1930 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 August 20, 2003. The ID grants the 
motion of complainants to add Hitachi Maxell, Ltd. of Tokyo, Japan as a 
respondent in the investigation and amend the complaint and notice of 
investigation to reflect this fact. The ALJ found that Hitachi Maxell, 
Ltd. is the parent corporation of another respondent in the 
investigation, Maxell Corporation of America. He also found that 
Hitachi Maxell, Ltd. has information that is relevant to the 
investigation and which is necessary for building a complete record. 
Therefore, he concluded that Hitachi Maxell, Ltd. should be added as a 
respondent in the investigation.
    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.

    Issued: September 12, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-23918 Filed 9-18-03; 8:45 am]
BILLING CODE 8040-01-P