[Federal Register Volume 69, Number 7 (Monday, January 12, 2004)]
[Notices]
[Pages 1761-1762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-542]


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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 a Commission 
Determination Not To Review an Initial Determination Terminating the 
Investigation With Respect to Two Respondents on the Basis of a Consent 
Order; Issuance of Consent Order

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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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 Energizer Holdings, Inc. and Eveready 
Battery Co., Inc., and respondents FDK Corporation and FDK Energy Co., 
Inc. to terminate the above-captioned investigation with respect to the 
two respondents on the basis of a consent order.

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

[[Page 1762]]

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 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 Commission named as respondents 26 companies 
located in the United States, China, Indonesia, and Japan. Id.
    The ALJ issued the subject ID (Order No. 41) on December 1, 2003. 
The ID reconsiders an ID issued by the ALJ on November 6, 2003. That ID 
terminated the investigation as two respondents, FDK Corporation and 
FDK Energy Co., Inc, pursuant to a settlement agreement. Complainants 
and the two respondents had jointly moved for termination pursuant to a 
settlement agreement which incorporated a consent order.
    Complainants filed a motion for reconsideration of the ID of 
November 6, 2003, asking the ALJ to reconsider his ID and terminate the 
investigation on the basis of a consent order. On November 21, 2003, 
the Commission investigative attorney filed a response supporting the 
motion for reconsideration. On December 1, 2003, the ALJ issued the 
subject ID, reconsidering the earlier ID and terminating the 
investigation as to the FDK respondents on the basis of a consent 
order.
    No party petitioned for review of the ID pursuant to 19 CFR 
210.43(a), and the Commission found no basis for ordering a review on 
its own initiative pursuant to 19 CFR 210.44. The ID thus became the 
determination of the Commission pursuant to 19 CFR 210.42(h)(3).
    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: January 6, 2004.
    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 04-542 Filed 1-9-04; 8:45 am]
BILLING CODE 7020-02-P