[Federal Register Volume 69, Number 11 (Friday, January 16, 2004)]
[Notices]
[Pages 2619-2620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1033]


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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 One Respondent on the Basis of a Consent 
Order; Issuance of Consent Order

AGENCY: 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 respondent Monster Cable Products, Inc. to 
terminate the above-captioned investigation with respect to that 
respondent 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 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,

[[Page 2620]]

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.
    On November 26, 2003, complainants and one respondent, Monster 
Cable Products, Inc. (``Monster Cable''), jointly moved for termination 
of the investigation as to Monster Cable on the basis of a settlement 
agreement and a proposed consent order. On December 8, 2003, the 
Commission investigative attorney filed a response supporting the 
motion for termination. No party opposed the motion for termination. 
The ALJ issued the subject ID on December 18, 2003, terminating the 
investigation as to Monster Cable on the basis of the 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). The 
Commission notes that the reference to ``FDK'' on line 16, page 4 of 
the ID should be ``Monster.''
    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 13, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-1033 Filed 1-15-04; 8:45 am]
BILLING CODE 7020-02-P