[Federal Register Volume 69, Number 123 (Monday, June 28, 2004)]
[Notices]
[Page 36103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14557]


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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 Commission Decision Not To Review 
an Initial Determination Terminating the Investigation as to One 
Respondent on the Basis of a Settlement Agreement and 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 the presiding administrative 
law judge's (``ALJ's'') initial determination (``ID'') (Order No. 134) 
terminating the above-captioned investigation as to respondent Dorcy 
International, Inc. (``Dorcy'') on the basis of settlement agreement 
and a consent order.

FOR FURTHER INFORMATION CONTACT: Wayne Herrington, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3090. 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. 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. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 2, 2003, based on a complaint filed by Energizer Holdings, Inc. 
and Eveready Battery Company, Inc., both of St. Louis, Missouri. 68 FR. 
32771 (June 2, 2003). The complaint, as supplemented, alleged 
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 '709 patent''). The complaint and notice of investigation named 
26 respondents, including respondent Dorcy, and were later amended to 
include an additional firm as a respondent. The investigation was 
terminated as to claims 8-12 of the '709 patent. Prior to the issuance 
of the subject ID, several other respondents had been terminated from 
the investigation for various reasons.
    On May 20, 2004, complainants and respondent Dorcy filed a joint 
motion pursuant to Commission rules 210.21(b) and (c) to terminate the 
investigation as to Dorcy on the basis of a settlement agreement and a 
consent order. The Commission investigative attorney supported the 
motion. On June 2, 2004, the ALJ issued the subject ID terminating the 
investigation as to Dorcy on the basis of settlement agreement and a 
consent order. No petitions for review of the ID were filed.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    Issued: June 22, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-14557 Filed 6-25-04; 8:45 am]
BILLING CODE 7020-02-P