[Federal Register Volume 69, Number 85 (Monday, May 3, 2004)]
[Notices]
[Pages 24193-24194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9986]


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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 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 Atico International USA,

[[Page 24194]]

Inc. (``Atico'') 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, 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 March 9, 2004, complainants and respondent Atico filed a joint 
motion to terminate the investigation as to Atico on the basis of a 
consent order. On March 19, 2004, the Commission investigative attorney 
filed (``IA'') a response supporting the motion in part. The IA noted 
that the motion did not include a statement that there were no other 
agreements between the parties and that there was no public version of 
the settlement agreement. On March 19, 2004, complainants and Atico 
filed an amended joint motion to terminate the investigation as to 
Atico. The amended motion addressed the concerns of the IA, and on 
March 22, 2004, the ALJ issued the subject ID terminating the 
investigation as to Atico 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: April 27, 2004.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-9986 Filed 4-30-04; 8:45 am]
BILLING CODE 7020-02-P